US v. Kimoto, No. 08-3731

Conviction of defendant for conspiracy, mail fraud, and wire fraud, arising from fraudulent marketing of defendant's financial products is affirmed for the most part where: 1) there is ample evidence in the record to support the jury's conclusion that defendant had the requisite intent to defraud and that he and another individual formed an agreement to commit fraud; 2) there was no error in denying defendant's motion to dismiss, motion for a new trial and motion to reconsider as none of the district court's rulings on the alleged Brady, Youngblood or Jenkins Act violations constitutes an abuse of discretion; and 3) district court's enhancement for the number of victims is remanded because the court's calculation of the number of victims did not focus on actual loss, and because that enhancement affects defendant's sentencing range.   

Read US v. Kimoto, No. 08-3731

Appellate Information

Appeal from the United States District Court for the Central District of Illinois

Decided December 2, 2009

Judges

Before: Posner, Ripple, and Kanne  Circuit Judges

Opinion by Ripple, Judge