United States v. Calderon, No. 17-1956 (2d Cir. 2019)
Annotate this CaseDefendants appealed their convictions for conspiracy to commit bank and wire fraud, and wire fraud, as well as postjudgment orders. The Second Circuit held that there was sufficient evidence supporting the jury convictions; the district court did not err in giving the jury a "no ultimate harm" instruction; the district court did not plainly err in charging the jury on the elements of bank fraud; the district court did not abuse its discretion in giving a modified Allen charge to the jury; but the district court abused its discretion in ordering a restitution amount of over $18 million to be paid to the USDA because defendants did not proximately cause financial losses equating to that amount. Accordingly, the court reversed the restitution orders, vacated the conviction to the extent that they ordered defendants to pay restitution, and otherwise affirmed.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.