Justia White Collar Crime Opinion Summaries

The Fifth Circuit affirmed defendant's conviction for five counts relating to a scheme under which he certified individuals for home health care in exchange for $400 a month. The court held that there was no Ex Post Facto violation where defendant's conduct was illegal regardless of whether he was required to have a face-to-face meeting prior to certification; the district court did not reversibly err in permitting testimony from the government's expert; the evidence was sufficient to convict defendant of each count; and the jury instructions provided by the district court fairly and adequately covered the issues presented by the case. View "United States v. Dailey" on Justia Law

The Fifth Circuit affirmed Defendants Atul and Jiten "Jay" Nandas' convictions for various charges stemming from a conspiracy to fraudulently procure H-1B visas. The court held that the district court did not err by admitting into evidence a letter that Jay wrote, because the letter did not directly allude to Atul; even if it was error to admit the letter, such error was harmless; there was no plain error in the wire fraud charges; the district court did not plainly err by not giving the jury a unanimity instruction; even granting arguendo that it was error to admit evidence of additional visa petitions and medical insurance, such error did not affect defendants' substantial rights; there was no error in applying a two point sentencing enhancement under USSG 2B1.1(b)(10)(B) and (C) for committing a substantial portion of the alleged scheme from outside the United States and for committing an offense involving sophisticated means of concealment; any possible error in the loss calculation was harmless; and defendants' claim that the district court did not consider sentencing disparity bordered on the frivolous. View "United States v. Nanda" on Justia Law