Friday, May 10, 2013

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 
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.