WIRE FRAUD/FALSE CLAIMS/GOVERNMENT PROPERTY THEFT convictions related to subordinate filing false time sheets affirmed… Morris affirmed (unpublished). [Read more…]
Indians, theft from tribal health facility
INDIANS: Convictions of theft from tribal healthcare facility affirmed… Morris affirmed (unpublished). [Read more…]
Indians, Tribal clinic CEO theft
INDIANS: Tribal clinic CEO’s theft convictions/sentencing affirmed… Morris affirmed (unpublished). [Read more…]
Sentencing, tribal thefts, gratuity guideline
SENTENCING: Gratuity guideline properly applied to tribal theft convictions… Morris affirmed (unpublished). [Read more…]
Conspiracy to defraud US, instructions
CONSPIRACY TO DEFRAUD US: Failure to instruct on “deceitful or dishonest means” harmless error as there was strong evidence of deceitful or dishonest means… Caldwell (9th Cir. 1993) per se prejudice overruled in light of Neder (US 1999)… conviction on 27 counts affirmed… Morris affirmed. [Read more…]
Sentencing, “sophisticated means” enhancement
SENTENCING: “Sophisticated means” enhancement properly applied to coordinated/repetitive transfer of money from charity to personal account… Morris affirmed. [Read more…]
Fraudulent investment scheme, 5 Defendants
FRAUDULENT INVESTMENT SCHEME: Convictions/sentences of 4 Defendants affirmed, 1 conviction reversed… Haddon affirmed, reversed (unpublished). [Read more…]
Sentencing, restitution, investment scheme
SENTENCING: Amount lost by A’s investors improperly included in Defendant’s restitution liability where only connection to A’s fraudulent investment scheme was to introduce A to B who had [Read more…]
Revocation/sentencing, bank/credit card fraud
REVOCATION/SENTENCING: Release properly revoked despite reliance on hearsay… 5-year maximum for bank/credit card fraud reasonable although longer than Guidelines range… [Read more…]
Sentencing, manslaughter
SENTENCING: 160 months above-Guidelines for manslaughter substantively reasonable in light of convictions for violent conduct, 1983 murder… Haddon affirmed (unpublished). [Read more…]