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U.S. v. Becraft, No. 96-3098 (D.C. Cir.) (117 F.3d 1450) (July 8, 1997) (Judge Karen LeCraft Henderson)

Article • August 1, 1997 • from P&J August, 1997

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Becraft, No. 96-3098 (D.C. Cir.) (117 F.3d 1450) (July 8, 1997) (Judge Karen LeCraft Henderson) by In this case, the D.C. Circuit affirmed a two level sentence enhancement under § 3B1.3 for an employee who was convicted of interstate transportation of stolen property in connection with her scheme …

U.S. v. Bhagavan, No. 95-3382 (7th Cir.) (116 F.3d 189) (May 22, 1997) (Judge Diane P. Wood)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Bhagavan, No. 95-3382 (7th Cir.) (116 F.3d 189) (May 22, 1997) (Judge Diane P. Wood) by In this case, the defendant, president and largest shareholder of a small engineering and surveying firm, was convicted of tax evasion arising from his diversion of a substantial amount of money nominally …

U.S. v. Jolly, No. 96-1359, No. 668 (2nd Cir.) (102 F.3d 46) (December 5, 1996) (Judge Ralph K. Jr. Winter)

Article • January 1, 1997 • from P&J January, 1997

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Jolly, No. 96-1359, No. 668 (2nd Cir.) (102 F.3d 46) (December 5, 1996) (Judge Ralph K. Jr. Winter) by In this case the defendant was a corporate president and principal who procured loans to the corporation through fraud. The district court enhanced his sentence for abuse of position …

U.S. v. Gill, No. 96-1203 (1st Cir.) (99 F.3d 484) (November 6, 1996) (Judge Michael Boudin)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Gill, No. 96-1203 (1st Cir.) (99 F.3d 484) (November 6, 1996) (Judge Michael Boudin) by Guilty by inference! This case deals with two Guideline sentencing enhancements - victim vulnerability under U.S.S.G. § 3A1.1(b) and abuse of position of trust under U.S.S.G. § 3B1.3. The defendant, who falsely presented …

U.S. v. Sokolow, No. 95-1367 (3rd Cir.) (91 F.3d 396) (July 26, 1996) (Judge Jane A. Restani)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Sokolow, No. 95-1367 (3rd Cir.) (91 F.3d 396) (July 26, 1996) (Judge Jane A. Restani) by In this case, the defendant created and controlled a corporation through which he received commissions on premiums obtained from the sale of fraudulent insurance policies. The defendant would defraud small business owners …

U.S. v. Harrington, No. 95-30362 (5th Cir.) (82 F.3d 83) (March 19, 1996) (Judge Fortunato P. Benavides)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Harrington, No. 95-30362 (5th Cir.) (82 F.3d 83) (March 19, 1996) (Judge Fortunato P. Benavides) by This case points out a subtle nuance to § 5K2.0 - and its relationship to § 3B1.3 (abuse of position of trust). In this case, the district court imposed an upward departure …

U.S. v. Greene, No. 95-5038 (6th Cir.) (71 F.3d 232) (December 11, 1995) (Judge Karl S. Forester)

Article • January 1, 1996 • from P&J January, 1996

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Greene, No. 95-5038 (6th Cir.) (71 F.3d 232) (December 11, 1995) (Judge Karl S. Forester) by The Court in this case rejects the imposition of a sentencing enhancement based on § 4B1.3 because, even though the defendant may have obtained jobs illegitimately through fraud, his "primary occupation" and …

U.S. v. Broumas, No. 95-3037 (D.C. Cir.) (69 F.3d 1178) (November 21, 1995) (Judge Douglas Ginsburg)

Article • December 1, 1995

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Broumas, No. 95-3037 (D.C. Cir.) (69 F.3d 1178) (November 21, 1995) (Judge Douglas Ginsburg) by This case delves into the meaning of an abuse of a position of trust within the context of 18 U.S.C. § 656, which involves the misappropriation of bank funds by a bank officer. …

U.S. v. Broderson, No. 94-1586(L) (2nd Cir.) (67 F.3d 452) (September 29, 1995) (Judge Ralph K. Jr. Winter)

Article • November 1, 1995

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Broderson, No. 94-1586(L) (2nd Cir.) (67 F.3d 452) (September 29, 1995) (Judge Ralph K. Jr. Winter) by In rejecting an enhancement for abuse of position of trust, the Court observed, inter alia, that "the conduct that is the basis of the conviction must be independently criminal . . …

U.S. v. Gordon, No. 94-5386 (4th Cir.) (61 F.3d 263) (August 9, 1995) (Judge J. Harvie III Wilkinson)

Article • September 1, 1995

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Gordon, No. 94-5386 (4th Cir.) (61 F.3d 263) (August 9, 1995) (Judge J. Harvie III Wilkinson) by This case deals with a bank teller defendant who claims that she falls within the "bank teller exception" of § 3B1.3. The court denies her claim, saying that the abuse of …

U.S. v. West, No. 94-3094 (D.C. Cir.) (56 F.3d 216) (June 9, 1995) (Judge Harry T. Edwards)

Article • July 1, 1995

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. West, No. 94-3094 (D.C. Cir.) (56 F.3d 216) (June 9, 1995) (Judge Harry T. Edwards) by In this case the D.C. Circuit reversed an upward enhancement of two points for abuse of a position of trust that was applied by the district court; and in so doing specifically …