18 USC 1341 and 1343: Mail and Wire Fraud Do Not Require Allegations of Pecuniary Harm or Economic Loss
Fenzl is part-owner of Company U, an Illinois corporation engaged in the business of refurbishment and repair of refuse disposal containers. The government alleges that Fenzl engaged in a scheme to defraud the City of Chicago (the “City”) of money and property...
USSG and Double Counting: Impermissible Only When Text of the Applicable Guideline Specifically Says So
David Vizcarra and Rogelio Aguirre committed a kidnapping for ransom to extract payment of a drug debt, abducting the victim in Indiana, taking her to Illinois, and holding her for two days before...
USSG 3B1.1 “Otherwise Extensive” Leadership Enhancement Explained
Naeil Hussein and his girlfriend, Lisa Bazian, operated what appeared to be convenience stores on the south side of Chicago. In fact they were little more than fronts where the couple rang up phony sales for food-stamp recipients looking to exchange their...
FRE 902(11). Boilerplate Rules for Admission of Certified Business Records
The government charged defendant James Green with four counts of wire fraud. His cousin, co-defendant Joseph Green, recruited Green to purchase properties in exchange for cash. Throughout the trial, Green argued that he was a victim of the fraudulent scheme, left holding the...
Deceptive Investigative Techniques Jury Instruction Approved
Mr. McKnight was charged with one count of conspiracy to distribute a controlled substance, 21 U.S.C. § 846, and two counts of using a communication facility (a telephone) to distribute a controlled substance, 21 U.S.C. § 843(b). Mr....
Restitution in Title 26 Tax Cases is Allowed Only as Condition of Probation or Supervised Release
Orvil Duane Hassebrock was convicted by a jury of tax evasion, a felony offense under 26 U.S.C. § 7201, and failure to file a tax return for the 2004 tax year, a misdemeanor offense under 26 U.S.C. § 7203.
Entrapment: IMPORTANT! Court Must Consider Defendant’s Predisposition Before Government Inducement
A law enforcement operation that began with the promising interdiction of 943 kilograms of marijuana, shipped from Jalisco, Mexico, ended less than admirably.
When government agents executed a “controlled delivery” to an...
Traffic Stop Search and Interrogation: Boilerplate Analysis
On November 12, 2009, Jake Richardson III was charged with possession with intent to distribute more than five grams of cocaine base in violation of 21 U.S.C. § 841(a)(1). Before trial, Richardson moved to suppress the narcotics and currency...
USSG 1B1.3 Relevant Conduct Explained
Between November 2003 and at least August 2006, more than two thousand fell victim to the internet fraud scheme in which Salem and Ganescu participated with others. Individuals outside the United States, often based in Romania (the “foreign co-schemers”),...
USSG 2C1.1 Sensitive Position Enhancement Explained
Walter Hill, in his capacity as deputy liquor commissioner for East St. Louis, Illinois, exerted his position and authority to demand bribes, property, and, in at least one instance, sexual favors from liquor license holders.