United States Eleventh Circuit

Judgment finding defendant liable for multiple acts of solicitation fraud and imposing sanctions against him is affirmed over claims that the court erred in: 1) multiplying the maximum civil monetary penalty for which defendant was liable by the number of "violations" proved at trial, rather than by the number of "counts" alleged in the complaint; 2)imposing a $600,000 civil monetary penalty against defendant; 3) awarding restitution to the extent of defendant's customers' losses; 4) including in the restitution award $30,000 invested by his customers prior to their interactions with defendant; and 5) freezing his assets pending satisfaction of the judgment. The matter is remanded as to district court's award of restitution based on the amount of the victims' losses rather than on defendant's ill-gotten gains.

Appellate Information

• Decided 08/29/2008
• Published 08/29/2008

Judges

• MARCUS, Circuit Judge:, Before TJOFLAT and MARCUS, Circuit Judges, and VINSON, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Edna L. Caruso, Edna Caruso, P.A., West Palm Beach, FL, for Levy.


• For Appellees:
  
• Bella L. Rozenberg, U.S. Commodity Futures Trading Com'n, Washington, DC, for Plaintiff-Appellee.