United States v. Bolt, No. 14-2621 (8th Cir. 2015)
Annotate this CaseCalifornia posts information about unclaimed property on a public website. Bolt made claims in 2011 and 2012 in the name of his company, Situs Cancer Research Center,. Bolt created fraudulent donation agreements which purported to transfer the unclaimed assets from their lawful owners to Situs. In some instances Bolt created fictitious employees of the companies and signed their names; in others he forged the signatures of actual people. He also fabricated notary stamps and used interstate mail and wire systems to transmit the fraudulent documents to California. The assets transferred to Situs totaled approximately $2,400,000. Bolt bought cars and real estate with funds from the Situs bank account. In another scheme, Situs similarly acquired unclaimed funds from a trust account ($108,251.78) held by the state of Nevada, which were a woman's life savings. Bolt pled guilty to wire fraud, 18 U.S.C. 1343; mail fraud, 18 U.S.C. 1341; and money laundering, 18 U.S.C. 1957. The Eighth Circuit affirmed the sentence of 100 months, calculated by applying an enhancement for the use of sophisticated means and concluding that an upward departure was warranted based on the inadequacy of his criminal history category under the guidelines.
Court Description: Criminal case - Sentencing. No error in calculating the amount of loss in this fraud scheme as the court could consider uncharged relevant conduct in determining the loss; no error in imposing an enhancement under Guidelines Sec. 2B1.1(b)(10); no error in departing upwards based on an underrepresented criminal history.
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