United States v. DeSimone, No. 11-1996 (1st Cir. 2012)Annotate this Case
Defendant defrauded a number of investors in a series of schemes that used the mails. All told, investors lost about six million dollars. Defendant also laundered money he received from the fraud by buying himself a $180,000 sport car. A federal jury convicted Defendant of seven counts of mail fraud and one count of money laundering. Defendant was sentenced to 192 months imprisonment and ordered to pay $6,030,145 in restitution and to forfeit certain property. The First Circuit Court of Appeals affirmed Defendant's convictions, denied his request for a new trial, and affirmed his sentence, holding (1) because the only identified error in evidentiary rulings was harmless, Defendant was not entitled to a new trial on the basis of cumulative error; and (2) the district court correctly calculated the number of victims and the amounts of forfeiture and of restitution.