United States Tenth Circuit

Defendant's sentence for conspiracy to defraud the U.S., wire fraud, and additional offenses, in connection with a scheme to obtain mortgages and mortgage insurance for unqualified home buyers is vacated and remanded where: 1) the district court did not resolve the specific factual disputes concerning whether defendant's fraudulent conduct actually caused a loss; 2) even if the district court was correct to estimate HUD's loss using defendant's gain, its inclusion of all of his commissions was error; and 3) a restitution order must be based on actual loss and not defendant's gain.

Appellate Information

• Decided 12/07/2007
• Published 12/10/2007

Judges

• PAUL KELLY, JR., Circuit Judge., Before TACHA, Chief Circuit Judge, KELLY, and HENRY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• James C. Murphy, Assistant United States Attorney (and Troy A. Eid, United States Attorney, on the brief), Denver, Colorado, for Plaintiff-Appellee., Robert S. Berger, Denver, Colorado, for Defendant-Appellant.