United States v. Cornelsen

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The Eighth Circuit affirmed the district court's calculation of the loss amount in defendant's sentence after he was convicted of five counts of wire fraud. The court held that the district court properly determined that defendant's employer was a victim of the fraud scheme and that the company suffered actual and intended pecuniary losses, and the district court did not commit clear error in finding that certain uncharged conduct was part of defendant's common scheme or plan and including that conduct in the calculation of loss. The court vacated, however, the restitution award. The court held that the Mandatory Victim Restitution Act applied to the wire fraud conviction and the court reversed and remanded in light of Lagos v. United States, 138 S.Ct. 1684 (May 29, 2018). View "United States v. Cornelsen" on Justia Law