United States Ninth Circuit

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US v. Torlai, 11-10359

Defendant's conviction and sentence for sixteen counts of making a false claim for farm benefits in connection with the Federal Crop Insurance Act is affirmed, where: 1) as a result of defendant's fraud, defendant was eligible for any government benefit under the crop insurance program, and thus was not an intended beneficiary under the Sentencing Guidelines; 2) the district court did not err by including in the loss amount the producer premiums the defendant paid; and 3) the district court did not err in including in the loss amount the amounts spent by the government on administrative and operating expenses and premium subsidies as reasonably foreseeable intended pecuniary losses.

Appellate Information

  • Decided 08/26/2013
  • Published 08/26/2013

Judges

  • BYBEE

Court

  • United States Ninth Circuit

Counsel