United States v. Gaye, No. 17-1347 (8th Cir. 2018)Annotate this Case
A conspiracy to defraud financial institutions in the Minneapolis-St. Paul area involved cashing counterfeit checks. Participants, including 25 co-defendants, created the counterfeit checks using check-printing software and blank check stock. “Bank insiders” provided bank account information for use on counterfeit checks. "Runners" were enlisted to serve as payees and take the checks to the bank to cash or deposit. Conspiracy members acquired account information through various means. Using social media, participants searched the hashtag “#myfirstpaycheck” and found photographs of legitimate paychecks that unwitting victims had posted online. Bank insiders sometimes provided account information. Some conspirators used their own payroll or personal checks to be counterfeited. During the period between November 2007 and September 2013 alone, more than 500 runners negotiated over 1500 counterfeit or fraudulent checks. Gaye pleaded guilty to conspiracy to commit bank fraud, 18 U.S.C. 1344 and 1349, 20 counts of aiding and abetting bank fraud, and two counts of aiding and abetting aggravated identity theft, 18 U.S.C. 1028A. Fillie pleaded guilty to conspiracy to commit bank fraud and one count of aiding and abetting aggravated identity theft. Sumoso pleaded guilty to conspiracy to commit bank fraud and four counts of aiding and abetting bank fraud. The Eighth Circuit affirmed sentences of (respectively) 144, 134, and 54 months’ imprisonment and restitution orders, rejecting arguments that the district court committed procedural error in applying the guidelines.