Search | Punch and Jurists

U.S. v. Agyekum, No. 15-4479 (4th Cir.) (846 F.3d 744) (January 24, 2017) (Judge Paul V. Niemeyer)

Article • March 27, 2017 • from P&J March, 2017

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

U.S. v. Agyekum, No. 15-4479 (4th Cir.) (846 F.3d 744) (January 24, 2017) (Judge Paul V. Niemeyer) by This is another of the growing number of “pill mill” cases in which the Government has been bringing criminal prosecutions against pharmacists for participating in the illegal distribution of pain killers. The …

U.S. v. Friedberg, No. 08-3763-cr (2nd Cir.) (558 F.3d 131) (March 2, 2009) (Judge Loretta A. Preska)

Article • April 1, 2009 • from P&J April, 2009

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

U.S. v. Friedberg, No. 08-3763-cr (2nd Cir.) (558 F.3d 131) (March 2, 2009) (Judge Loretta A. Preska) by Sentence for tax evasion is affirmed where district court properly applied an abuse of trust sentencing enhancement under the United States Sentencing Guidelines as the defendant's tax evasion was part of a …

U.S. v. Caplinger, No. 01-4878 (4th Cir.) (339 F.3d 226) (August 11, 2003) (Judge M. Blane Michael)

Article • July 1, 2003 • from P&J July, 2003

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

U.S. v. Caplinger, No. 01-4878 (4th Cir.) (339 F.3d 226) (August 11, 2003) (Judge M. Blane Michael) by Here the court vacated an abuse of trust enhancement under U.S.S.G. § 3B1.3 as any trust the investors placed in defendant was not based on a special relationship he had with them …

U.S. v. Edwards, No. 02-2045 (10th Cir.) (325 F.3d 1184) (March 13, 2003) (Judge Stephen H. Anderson)

Article • April 1, 2003 • from P&J April, 2003

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

U.S. v. Edwards, No. 02-2045 (10th Cir.) (325 F.3d 1184) (March 13, 2003) (Judge Stephen H. Anderson) by Here, stating that “opportunity and access do not equate to authority,” the Tenth Circuit vacated an abuse of position of trust sentence enhancement of a defendant who worked in the accounting department …

U.S. v. Cruz, No. 02-2728 (7th Cir.) (317 F.3d 763) (January 30, 2003) (Judge Joel L. Flaum)

Article • February 1, 2003 • from P&J February, 2003

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

U.S. v. Cruz, No. 02-2728 (7th Cir.) (317 F.3d 763) (January 30, 2003) (Judge Joel L. Flaum) by Courts may apply abuse of position of trust enhancement, pursuant to U.S.S.G. § 3B1.3, even if defendant did not occupy a position of trust in relation to the victim of the offense …

U.S. v. Humphrey, No. 00-5180 (6th Cir.) (279 F.3d 372) (January 30, 2002) (Judge Karen Nelson Moore)

Article • March 1, 2002 • from P&J March, 2002

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

U.S. v. Humphrey, No. 00-5180 (6th Cir.) (279 F.3d 372) (January 30, 2002) (Judge Karen Nelson Moore) by In this case, the defendant, a long time bank vault teller, was convicted of embezzling funds from her employer. Ar sentencing, the Court imposed a 2-level sentence enhancement pursuant to the provisions …

U.S. v. Trask, No. CRIM. 00CR10111-NG (D.Mass.) (143 F.Supp.2d 88) (April 20, 2001) (Judge Nancy Gertner)

Article • July 1, 2001 • from P&J July, 2001

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

U.S. v. Trask, No. CRIM. 00CR10111-NG (D.Mass.) (143 F.Supp.2d 88) (April 20, 2001) (Judge Nancy Gertner) by Here the court held it would be improper to impose a sentence enhancement for abuse of position of trust under U.S.S.G. § 3B1.3 in a stock churning case involving a 90-year old client …

U.S. v. Brogan, No. 99-1602 (6th Cir.) (238 F.3d 780) (January 31, 2001) (Judge Danny J. Boggs)

Article • March 1, 2001 • from P&J March, 2001

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

U.S. v. Brogan, No. 99-1602 (6th Cir.) (238 F.3d 780) (January 31, 2001) (Judge Danny J. Boggs) by Here the Court reversed an enhancement for abuse of position of trust imposed on a company's assistant treasurer, stating that even though his position significantly aided the commission of his crime that …

U.S. v. Willard, No. 99-10534 (9th Cir.) (230 F.3d 1093) (October 25, 2000) (Judge Susan P. Graber)

Article • December 1, 2000 • from P&J November, 2000

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

U.S. v. Willard, No. 99-10534 (9th Cir.) (230 F.3d 1093) (October 25, 2000) (Judge Susan P. Graber) by Here the Court reversed a two-level enhancement for abuse of position of trust imposed on a mother who begged her daughter not to squeal to the Feds that she had been sexually …

U.S. v. Hernandez, No. 00-1537 (7th Cir.) (231 F.3d 1087) (November 9, 2000) (Judge Daniel A. Manion)

Article • December 1, 2000 • from P&J December, 2000

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

U.S. v. Hernandez, No. 00-1537 (7th Cir.) (231 F.3d 1087) (November 9, 2000) (Judge Daniel A. Manion) by In this case the defendant, a staff accountant who stole $115,000 from Zenith Electronics Corporation, challenged the imposition of a two-level enhancement under U.S.S.G. § 3B1.3 for abuse of position of trust. …

U.S. v. Guidry, No. 98-3287 (10th Cir.) (199 F.3d 1150) (December 21, 1999) (Judge Wade Brorby)

Article • February 1, 2000 • from P&J February, 2000

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

U.S. v. Guidry, No. 98-3287 (10th Cir.) (199 F.3d 1150) (December 21, 1999) (Judge Wade Brorby) by The defendant in this case was convicted of three counts of knowingly filing a false tax return, in violation of 26 U.S.C. § 7206(1), arising out of her embezzlement of funds from her …

U.S. v. Burridge, No. 98-4077 (10th Cir.) (191 F.3d 1297) (September 14, 1999) (Judge Carlos Lucero)

Article • November 1, 1999 • from P&J November, 1999

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

U.S. v. Burridge, No. 98-4077 (10th Cir.) (191 F.3d 1297) (September 14, 1999) (Judge Carlos Lucero) by In this case, the defendant Appellant Burridge served as a "like kind accomodator", a position that exists to facilitate transactions under I.R.C. § 1031, which provides for "nonrecognition of gain or loss from …

U.S. v. Laljie, No. 98-1295 (2nd Cir.) (184 F.3d 180) (July 14, 1999) (Judge Amalya Lyle Kearse)

Article • September 1, 1999 • from P&J September, 1999

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

U.S. v. Laljie, No. 98-1295 (2nd Cir.) (184 F.3d 180) (July 14, 1999) (Judge Amalya Lyle Kearse) by The Court stated that "'[T]he primary trait that distinguishes [a position of trust from other positions is] the extent to which the position provides the freedom to commit a difficult-to-detect wrong.' United …

U.S. v. Cianci, No. 97-5619 (3rd Cir.) (154 F.3d 106) (August 21, 1998) (Judge Dolores K. Sloviter)

Article • October 1, 1998 • from P&J October, 1998

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

U.S. v. Cianci, No. 97-5619 (3rd Cir.) (154 F.3d 106) (August 21, 1998) (Judge Dolores K. Sloviter) by Here the Court joined the Circuit split by holding that an abuse of position of trust enhancement under USSG § 3B1.3 is proper in a tax evasion case when the defendant abused …

U.S. v. Iloani, No. 97-20330 (5th Cir.) (143 F.3d 921) (June 11, 1998) (Judge W. Eugene Davis)

Article • July 1, 1998 • from P&J July, 1998

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

U.S. v. Iloani, No. 97-20330 (5th Cir.) (143 F.3d 921) (June 11, 1998) (Judge W. Eugene Davis) by Here the defendant argued that there was no trust relationship between a chiropractor and an insurance company, whereas the Government argued there was a position of trust because insurance companies extend privileges, …

U.S. v. Mills, No. 96-8594 (11th Cir.) (138 F.3d 928) (April 10, 1998) (Judge Emmett Ripley Cox)

Article • May 1, 1998 • from P&J May, 1998

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

U.S. v. Mills, No. 96-8594 (11th Cir.) (138 F.3d 928) (April 10, 1998) (Judge Emmett Ripley Cox) by Court agreed that the United States was not a proper victim in a Medicare fraud case to support an abuse of trust enhancement, since the defendants owed only a contractual - not …

U.S. v. Garrison, No. 95-9361 (11th Cir.) (133 F.3d 831) (January 22, 1998) (Judge Stanley F. Jr. Birch)

Article • February 1, 1998 • from P&J February, 1998

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

U.S. v. Garrison, No. 95-9361 (11th Cir.) (133 F.3d 831) (January 22, 1998) (Judge Stanley F. Jr. Birch) by United States v. Drinkwine, 133 F.3d 203 (2nd Cir. 1998) (Judge Van Graafeiland) United States v. Garrison, 133 F.3d 831 (11th Cir. 1998) (Judge Birch) Both of these cases deal with …

U.S. v. Barakat, No. 96-5013 (11th Cir.) (130 F.3d 1448) (December 15, 1997) (Judge Edward E. Carnes)

Article • January 1, 1998 • from P&J January, 1998

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

U.S. v. Barakat, No. 96-5013 (11th Cir.) (130 F.3d 1448) (December 15, 1997) (Judge Edward E. Carnes) by In this case, the Eleventh Circuit held the Eleventh Circuit held that an enhancement for the abuse of the position of trust could be justified only if the abuse was connected to …

U.S. v. Sidhu, No. 96-50736 (5th Cir.) (130 F.3d 644) (December 3, 1997) (Judge Harold R. Jr. DeMoss)

Article • January 1, 1998 • from P&J January, 1998

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

U.S. v. Sidhu, No. 96-50736 (5th Cir.) (130 F.3d 644) (December 3, 1997) (Judge Harold R. Jr. DeMoss) by Here the Court approved a § 3B1.3 enhancement on top of a § 3B1.2 enhancement, stating it was not "solely" because of his position as a physician. This Guideline specifically states …

U.S. v. Long, No. 95-8502 (11th Cir.) (122 F.3d 1360) (September 16, 1997) (Judge Gerald B. Tjoflat)

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

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

U.S. v. Long, No. 95-8502 (11th Cir.) (122 F.3d 1360) (September 16, 1997) (Judge Gerald B. Tjoflat) by One of the Guideline issues explored in this case was the enhancement for abuse of a position of trust under U.S.S.G. § 3B1.1; and the case is another indication that, depending on …