United States v. Meadows, No. 16-3241 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed the district court's imposition of a 300 month sentence on remand where defendant was convicted of stealing more than $10 million dollars from at least 69 victims as part of a Ponzi scheme. The court held that the district court did not err by applying an enhancement under USSG 2B1.1(b)(10)(C) because the offense involved sophisticated means and an enhancement under USSG 2B1.1(b)(19)(A) for violation of securities laws by an investment adviser. Finally, the within-Guidelines sentence was substantively reasonable and the district court did not abuse its discretion in sentencing defendant.
Court Description: Shepherd, Author, with Wollman and Colloton, Circuit Judges] Criminal case - Sentencing. For the court's prior opinion in the matter, see United States v. Meadows, 637 F. App'x 255 (8th Cir. 2016). In this multi-million dollar Ponzi scheme, no error in imposing an enhancement under Guidelines Sec. 2b1.1(b)(10)(C) for using sophisticated means given the life-span of the scheme and the exorbitant amount of money defendant took from investors, as well as his improper use of tax and investment forms and his use of forged statistics; no error in imposing an enhancement under Guidelines Sec. 2B1.1(b)(19)(A) for violation of securities law by an investment advisor; within-guidelines sentence was not substantively unreasonable.
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