United States Fourth Circuit

Defendants' convictions and sentences for bank fraud are affirmed where: 1) unpaid employer contributions to a company's ERISA plan constitute plan assets; 2) defendants were guilty of ERISA theft regardless of whether they were fiduciaries; 3) there was sufficient evidence to support their convictions; 4) the fraud-loss amount resulting in a seventeen-level increase to the offense level under the Sentencing Guidelines was not miscalculated; and 5) there was no error with the increase of the offense level based on defendants' actions.

Appellate Information

• Argued 01/31/2008
• Decided 05/01/2008
• Published 05/01/2008

Judges

• Before WILLIAMS, Chief Judge, and MOTZ and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Melissa Windham Friedman, Anderson & Friedman, Roanoke, Virginia;  Joseph Abraham Sanzone, Sanzone & Baker, P.C., Lynchburg, Virginia, for Appellants.  Thomas Ernest Booth, United States Department of Justice, Washington, D.C., for Appellee.   ON BRIEF:  Anthony F. Anderson, Anderson & Friedman, Roanoke, Virginia, for Appellant John Alvis Jackson.   John L. Brownlee, United States Attorney, Jennie M. Waering, Assistant United States Attorney, Office of the United States Attorney, Roanoke, Virginia;  Amanda L. Riedel, United States Department of Justice, Washington, D.C., for Appellee.