Sixth Circuit -- USA v. Kenneth Kennedy

Mail and wire fraud statutes cover both fraudulent loans and fraudulent investments.

Subjective good faith in scheme's fraudulent premise does not exculpate.

Deft had no right under FRCrimP to know vote-count/holdout revealed in jury note.

No error in denial of juror interview.

For purposes of sentencing enhancements, specific knowledge of funds acquired by scheme is not necessary.  Merely that they were reasonably forseeable outcomes of the scheme.

Sophistication & Obstruction sentencing bumps upheld.

USA v. Kenneth Kennedy 

First Circuit -- US v. LaPlante

Fraudulent misrepresentation theory of mail fraud does not add an element of misrepresentation to the common-law elements of mail fraud.

No need for unanimity jury  instruction as to which statement in particular was fraudulent.

No ineffective assistance claim based on deft's introduction of prior bad acts, as other evidence was overwhelming.

US v. LaPlante 

Fourth Circuit -- US v. John McLean

Medical fraud statute not unconstitutionally vague.

Sufficient evidence for conviction under same.

US v. John McLean

First Circuit -- US v. Palmquist

As investigation was relating to a separate criminal investigation and not an employment matter, civilian Veterans Dept employee doesn't have a 5A claim to suppress fruits of workplace interview.

Restitution not offset by amount of related unclaimed benefits.

US v. Palmquist 

Second Circuit -- United States v. Walsh

Asset attachment -- as parties to the divorce waived statutory equitable distribution, there was no claim on the value of the house prior to the fraud -- and as the income from the fraud exceeded the net worth at the time of the deft, proceeds from the sale of the house are reachable.

Exception to FRE witness identification requirements for drug-related cases (Monsanto) can be applied to non-drug cases.  No error in quashing subpoena for pretrial deposition of witnesses in Monsanto hearing, as the facts were available elsewhere.



United States v. Walsh

Second Circuit -- United States v. Botti

Honest-services jury instruction that was not limited to bribery and kickbacks is not grounds for reversal, as bribery was the only viable theory of the crime.

Discussion of "scheme or artifice" would not have implicitly created another theory for the conviction.

United States v. Botti

Ninth Circuit -- USA V. ETHAN JINIAN

Deft's deposit of checks into his bank account triggered the wire fraud statute, given the subsequent interbank wire transfers.

Concurrence -- clearly, the scheme was to avoid scrutiny of the deposits by breaking them up.

USA V. ETHAN JINIAN

Eleventh Circuit -- USA v. Rick A. Kuhlman

Noncustodial sentence for white collar medical fraud held substantively unreasonable.

USA v. Rick A. Kuhlman

Tenth Circuit -- United States v. Loughrin

Bank fraud does not require intent that the bank itself should be the one defrauded.

No Speedy Trial Act violation.

United States v. Loughrin

Second Circuit -- United States v. Nouri

No plain error in post-Skilling fraud instruction that didn't limit honest services to bribes & kickbacks.

Same with including honest services element in instruction for securities fraud.

Court correctly instructed on finding fiduciary obligations.

No error in denial of deft's requested instruction distinguishing "incidental to" / "in connection with."

Sufficient evidence, sentence reasonable.

United States v. Nouri