Justia U.S. 7th Circuit Court of Appeals Opinion Summaries

After pleading guilty to mail fraud, 18 U.S.C. 1341, the defendant challenged a two-level increase in his sentence, based on use of "sophisticated means" and theft of more than $1 million. The Seventh Circuit affirmed. Over the course of seven years, the defendant bilked at least 17, mostly elderly or financially distressed, victims out of more than $2 million; he posed as an attorney, a CPA, and a real estate agent and prepared "significantly more elaborate than usual" fraudulent instruments.

The defendant was convicted of wire fraud in connection with a fraudulent investment and mortgage brokerage business and sentenced to 144 months. The Seventh Circuit affirmed. Evidence turned over by the defendant's wife, who was the former corporate secretary and one of the business organizers, was properly admitted; she was not an agent for the government, which was unaware that she was collecting evidence, but acted for private reasons. It does not matter whether she had a right to take the documents, but the defendant did, in fact, share custody of the records with his wife and she had the right to consent to a search. There was sufficient evidence that the defendant intended to defraud his victims and the above-guidelines sentence was reasonable in light of evidence of criminal history and that the defendant was planning new fraudulent schemes.