United States v. Lundstrom

The Eighth Circuit affirmed defendant's conviction and sentence for charges related to his involvement in a scheme to defraud TierOne Bank's shareholders and to mislead its regulators by concealing millions of dollars in losses related to the failure of certain real estate loans. The court held that the district court did not err by denying defendant's motion for judgment of acquittal, because the evidence was sufficient for the jury to find beyond a reasonable doubt that defendant possessed the knowledge and intent required to sustain his convictions; the district court did not err by denying defendant's motion for a bill of particulars where the government's disclosures were sufficient to enable defendant to understand the nature of the charges against him, prepare a defense, and avoid any surprise; the court rejected defendant's evidentiary challenges; and the district court properly declined to issue defendant's requested jury instructions. The court also held that the district court did not clearly err in adopting the loss calculation methodology set forth in the Sentencing Guidelines; the district court did not err in applying a 4-level leadership enhancement under USSG 3B1.1(a); and defendant's sentence was substantively reasonable. Finally, the district court did not err in its calculation of the restitution award. View "United States v. Lundstrom" on Justia Law