United States Second Circuit

In a prosecution for a Ponzi scheme and campaign finance crimes, the defendant's guilty plea, conviction and sentence are affirmed, where: 1) the defendant waived any statute of limitations challenge to the indictment by pleading guilty; 2) the district court's admission of the Ponzi scheme evidence was not plain error; 3) the district court did not err by calculating the intended loss amount under the Sentencing Guidelines to include the loss of putative profits that victims reinvested in the Ponzi scheme; 4) the district court did not abuse its discretion when weighing the factors relevant to the sentence; and (5) under the circumstances of the case, the appointment of a new attorney for sentencing was not required.

Appellate Information

• Decided 02/17/2012
• Published 02/17/2012

Judges

• Gerard E. Lynch

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Donna R. Newman, Michael Bosworth