Articles Posted in US Court of Appeals for the Fourth Circuit

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The Fourth Circuit affirmed the district court's restitution calculation, determination of loss for purposes of sentencing, and denial of defendant's motion for recusal. In this case, defendant was convicted of orchestrating a scheme to defraud mortgage companies. The court held that the evidence supported the district court's restitution calculation; the district court did not abuse its discretion in determining the loss amount where it used the correct loss figure in sentencing defendant under the advisory Guidelines; and the district court did not abuse its discretion in its determination not to recuse where the district court's ownership of stock in some of the victim lenders did not require recusal. View "United States v. Stone" on Justia Law

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The Fourth Circuit affirmed defendant's conviction and sentence for three counts stemming from a mortgage fraud conspiracy occurring between 2005 and 2007. The court held that the district court did not abuse its discretion in denying defendant's three motions for a new trial; the court rejected defendant's challenges to the district court's denial of his motion to compel the government to produce approximately 99 short sale files discovered during a separate and unrelated grand jury investigation; the district court acted within its considerable discretion by admitting testimony from a government's expert witness on mortgage banking practices; there was sufficient evidence to support a finding of materiality where any reasonable juror could conclude beyond a reasonable doubt, based on the evidence in the record, that false representations made in the documents connected to the real estate transactions at issue would have been of critical importance to the lenders; the district court did not commit reversible error in its application of an enhancement for a loss amount of $7.1 million; and the district court did not err in applying a three-level enhancement for a manager's or supervisor's role, a two-level sophisticated-means enhancement, and a two level enhancement for abuse of a position of trust. View "United States v. Wolf" on Justia Law

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The Fourth Circuit held that there was insufficient evidence to support defendant's convictions for Racketeer Influenced and Corrupt Organizations Act (RICO) conspiracy and government program theft. The court vacated these convictions and remanded for resentencing. However, the court held that there was sufficient evidence to convict defendant of honest services fraud, mail and wire fraud, money laundering, and making false statements to federal agencies. Finally, the court rejected defendant's claim that the district court constructively amended the original indictment because the district court did not broaden the bases for defendant's conviction. Therefore, the court affirmed in all other respects. View "United States v. Pinson" on Justia Law