United States v. Diamreyan, No. 10-3575 (2d Cir. 2012)Annotate this Case
Defendant was convicted of three counts of wire fraud, 18 U.S.C. 1343 and 2 and was sentenced to 151 months, for participation in an advance-fee scheme, in which the victim is persuaded to pay a sum of money up front in order to receive a larger sum of money at a later. The district court concluded, based in part on email exchanges, that he was a manager or supervisor of at least one other participant in the scheme, and that the overall criminal activity involved five or more participants. The Second Circuit affirmed. Courts may rely on unique email addresses in assessing a defendant’s role in a scheme and calculating the number of participants for sentencing purposes.