Tampa Criminal Lawyer Blog
Federal fraud prosecutions often result in enhanced penalties when the defendant is found to have engaged in additional unlawful conduct, such as obstructing justice or participating in the resale of stolen property. Sentencing enhancements can significantly increase a defendant’s prison term, and attempts to overturn them on appeal are rarely successful unless the trial court clearly misapplied the law. A recent opinion delivered by a Florida court illustrates how federal courts evaluate claims involving sentencing errors and underscores the importance of preserving objections in a timely and thorough manner. If you are facing fraud charges, you should speak with a Tampa fraud crime defense attorney about your rights and legal options.
Factual and Procedural Setting
It is reported that the defendant was indicted on one count of conspiracy to commit wire fraud and two counts of wire fraud. The charges stemmed from a scheme to obtain fraudulent titles for stolen vehicles using forged documents submitted to state authorities. The government alleged that the defendant worked with others to exploit vehicle registration systems in order to claim ownership over stolen automobiles. The defendant entered a plea of not guilty, and the case proceeded to trial.
Allegedly, during trial, the defendant testified in his own defense and denied knowingly participating in any fraud. The jury ultimately acquitted him on the conspiracy count but convicted him on both substantive counts of wire fraud. The probation office prepared a presentence investigation report recommending sentencing enhancements, including a two-level increase under U.S.S.G. § 2B1.1(b)(4) for being in the business of receiving and selling stolen property and another two-level increase under § 3C1.1 for obstruction of justice.
It is reported that the obstruction enhancement was based on the trial court’s finding that the defendant testified falsely during trial. Although the defendant did not file timely written objections to the report, he raised oral objections at sentencing. The district court ruled that the objections were untimely under Rule 32(f)(1) but went on to overrule them on the merits as well. The court sentenced the defendant to 51 months in prison, followed by a three-year term of supervised release. The defendant appealed.
Analysis of Sentencing Enhancements
On appeal, the defendant challenged both the trial court’s handling of a jury instruction request and the sentencing enhancements. The court rejected the challenge to the jury instructions, finding that the defendant had explicitly agreed to the trial court’s response during deliberations. Under the invited error doctrine, a party cannot challenge on appeal a decision they actively supported during trial.
As for the sentencing, the court ruled that the district court did not commit plain error by applying the enhancements. Because the defendant failed to appeal the court’s ruling that his objections were untimely, he waived that issue and was required to meet the high bar of plain error review. The court held that even if the district court’s findings on obstruction were brief, they were sufficient under the applicable precedent. The record supported the conclusion that the defendant had testified falsely and that the testimony was both material and willful.
With regard to the enhancement for receiving and selling stolen property, the court found ample support in the sentencing record. It is reported that the defendant was involved in multiple fraudulent vehicle title transfers, had used stolen cars for personal use, and had a criminal history involving similar conduct. These facts were sufficient to support the enhancement under § 2B1.1(b)(4).
Accordingly, the court affirmed the defendant’s conviction and sentence in full.
Speak with an Experienced Tampa Fraud Crime Defense Attorney
Fraud charges in federal court can lead to lengthy prison sentences, especially when the court imposes sentencing enhancements based on obstruction of justice or repeated criminal conduct. If you are accused of fraud, it is in your best interest to talk to an attorney as soon as possible. At Hanlon Law, our Tampa fraud crime defense attorneys possess the skills and experience needed to help you seek a just outcome, and if you hire us, we will advocate aggressively on your behalf. To schedule a confidential consultation, contact our office at 813-435-6200 or complete our online form.