United States v. Hansmeier, No. 19-2386 (8th Cir. 2021)
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After defendant pleaded guilty to one count of conspiracy to commit mail and wire fraud and one count of conspiracy to commit money laundering, he was sentenced to 168 months in prison and ordered to pay restitution in the amount of $1,541,527.37.
The Eighth Circuit affirmed the district court's judgment, holding that the district court did not err in denying defendant's motion to dismiss the indictment where the indictment sufficiently described a fraudulent scheme to violate the federal statutes regarding mail and wire fraud. In this case, the indictment lays out a sufficient basis for the government's charge that defendant committed fraud, and it informs the court and the parties involved of the facts underlying that charge. The court also held that the government met its burden of showing by a preponderance of the evidence that the $1,541,527.37 loss total was attributable solely to settlement payments from the fraud scheme. Therefore, the district court did not err in adopting that figure as fairly representative of the actual loss caused by the scheme.
Court Description: [Kelly, Author, with Benton and Shepherd, Circuit Judges] Criminal case - Criminal law and sentencing. The district court did not err in denying defendants' motion to dismiss the indictment as the indictment described a fraudulent scheme to violate the federal statutes regarding mail and wire fraud; with respect to restitution to the victims of the scheme, the government met its burden of showing by a preponderance of the evidence that the $1.5 million total loss was attributable to the fraud scheme, and the district court did not err in adopting that figure as fairly representative of the actual loss caused by the scheme.
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