United States v. Doost, No. 19-3079 (D.C. Cir. 2021)
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Doost and his brother owned a company in the United Arab Emirates; its subsidiary, the “Mine,” secured a 10-year lease on an Afghanistan marble mine. Doost obtained a $15.8 million loan from the Overseas Private Investment Corporation (OPIC), a federal agency that supported investments by the U.S. government in emerging markets worldwide. The loan agreement required Doost to disclose all transactions between the Mine and certain parties closely affiliated with the Mine, including Doost and his brother. Doost 2010 disbursements totaled $15.8 million. There were many undisclosed affiliated transactions that enriched Doost, his brother, and other relatives with the Mine’s OPIC-backed money. He submitted invoices to OPIC for equipment purchases that contained false information. The OPIC loan went into default after the Mine made no principal payments and failed to pay $2 million in accrued interest. Doost was convicted of major fraud against the United States, wire fraud, false statements, and money laundering, sentenced to 54 months of incarceration, and ordered to make restitution.
The D.C. Circuit affirmed, rejecting arguments that Doost's trial counsel was ineffective. Doost was not prejudiced by any of counsel’s decisions because ample evidence would still have supported his conviction. The indictment was not multiplicitous. Although some counts may have been untimely, counsel reasonably believed the 1948 Wartime Suspension of Limitations Act tolled the limitations period, 18 U.S.C. 3287.
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