United States Seventh Circuit

Conviction and sentence of defendant for conspiracy, mail fraud, and wire fraud, arising from fraudulent marketing of defendant's financial products, is affirmed for the most part where: 1) there is ample evidence in the record to support the jury's conclusion that defendant had the requisite intent to defraud and that he and another individual formed an agreement to commit fraud; 2) there was no error in denying defendant's motion to dismiss, motion for a new trial and motion to reconsider as none of the district court's rulings on the alleged Brady, Youngblood or Jenkins Act violations constituted an abuse of discretion; and 3) district court's enhancement for the number of victims is remanded because the court's calculation of the number of victims did not focus on actual loss, and the enhancement affects defendant's sentencing range.

Appellate Information

• Argued 06/02/2009
• Decided 12/02/2009
• Published 12/02/2009

Judges

• RIPPLE, Circuit Judge., Before POSNER, RIPPLE and KANNE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Stephen B. Clark, Bruce E. Reppert (argued), Office of the United States Attorney, Fairview Heights, IL, for Plaintiff-Appellee., Joel D. Bertocchi (argued), Hinshaw & Culbertson, Chicago, IL, for Defendant-Appellant.