United States v. Pol-Flores, No. 10-1230 (1st Cir. 2011)Annotate this Case
The defendant referred two investors to a friend who invested their money in a company of which the defendant and his friend were directors. They were defrauded of their entire $290,000 investment. The defendant received nearly $20,000 of the misappropriated funds. He was convicted on ten counts of wire fraud and the district court sentenced him to 37 months’ imprisonment. The First Circuit affirmed. A reasonable jury could conclude, beyond a reasonable doubt, that the defendant participated in his friend's wire fraud scheme with knowledge and intent to defraud the investors. The court properly imposed a two-level vulnerable victim sentence enhancement, noting that a victim was an elderly widow who died before the trial, and properly imposed a loss enhancement because the amount of the reasonably foreseeable pecuniary harm was between $200,000 and $400,000.