United States DC Circuit

A conviction for, inter alia, mail and wire fraud is affirmed in part over claims over error regarding: 1) the exclusion of an expert witness's testimony for failing to meet the requirements under Fed. R. Evid. 702 and Daubert; 2) the exclusion of testimony by a witness for failing to comply with Fed. R. Crim. P. 16(b)(1)(C)(ii); 3) an increase in the sentencing level based on a determination that defendant had caused a loss greater than the ones included in the indictment; 4) an obstruction of justice sentence enhancement; 5) a sentence enhancement for abuse of trust; and 6) a sentence enhancement based on the number of victims involved. However, decisions denying the government's requests for forfeiture and a money judgment are reversed as: 1) criminal forfeiture is available for general mail and wire fraud under 18 U.S.C. sections 1341 and 1343, and not only for mail and wire fraud affecting financial institutions; and 2) money judgments are appropriate in the criminal forfeiture context.

Appellate Information

• Argued 02/25/2008
• Decided 05/09/2008
• Published 05/09/2008

Judges

• Before:  TATEL and GARLAND, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• John W. Karr argued the cause for appellant.   With him on the briefs was Theodore S. Allison.


• For Appellees:
  
• Sarah T. Chasson, Assistant U.S. Attorney, argued the cause for appellee.   With her on the briefs were Jeffrey A. Taylor, U.S. Attorney, and Roy W. McLeese, III, Assistant U.S. Attorney.