On July 1st, the Second Circuit vacated the convictions of a former senior executive of U.S. Food Services that stemmed from his alleged involvement in an accounting fraud. The trial court's conscious avoidance charge failed to instruct that the jury may infer knowledge of the existence of a particular fact if the defendant is aware of a high probability of its existence, unless the defendant actually believes that it does not exist. The Second Circuit further held that hearsay testimony was improperly admitted. U.S. v. Kaiser.