United States v. Collins, No. 19-1176 (7th Cir. 2020)Annotate this Case
In 2011-2016, Collins was the executive director of the Kankakee Valley Park District. The Park District, which is not tax-exempt, works with the Kankakee Valley Park Foundation, which does have tax-exempt status and raises funds for Park District programs. Collins served as treasurer for the Foundation. It came to light that he had been lining his own pockets with the Park District and Foundation’s money. He pleaded guilty to mail and wire fraud, 18 U.S.C. 1341 and 1343, and was sentenced to concurrent terms of 42 months’ imprisonment, two-year terms of supervised release, and overall restitution of $194,383.51. The Seventh Circuit affirmed, concluding that the district court did not err in calculating his sentencing range and that Collins forfeited the right to complain about the restitution because he failed to file a timely notice of appeal from the district court’s amended judgment. The actual loss amount easily exceeded $150,000, which is the amount associated with a 10-level boost in the base guideline level for U.S.S.G. 2B1.1. More than a guilty plea is necessary before a district court ought to award a discount for acceptance of responsibility. The court fully supported its factual finding that Collins had not fully acknowledged his crimes.