United States v. Ochoa, No. 22-1327 (1st Cir. 2023)
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The First Circuit affirmed the restitution order entered by the district court holding Defendant jointly and severally liable for all sums illicitly obtained by the charged conspiracy in this case, holding that the restitution order was not an abuse of the district court's discretion.
Defendant, a lawyer formerly licensed in Florida, and his co-conspirators organized a scheme designed to defraud investors of millions of dollars. The conspirators convicted at least five people to invest substantially in the scheme. One of the victims eventually contacted authorities, and Defendant and his co-conspirators were charged with a single count of conspiracy to commit wire fraud. Defendant pleaded guilty. The district court sentenced Defendant to twenty-nine months of immurement followed by supervised release and ordered him to pay restitution in the amount of $3,473,701. The First Circuit affirmed the restitution order, holding that where a defendant is convicted as a member of a wire-fraud conspiracy, a district court has discretion to order him to reimburse the victims of the scheme, jointly and severally with his co-conspirators, for all reasonably foreseeable losses created by the fraudulent scheme.
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