Beruflich Dokumente
Kultur Dokumente
No. 13-4182
No. 13-4183
Appeals from the United States District Court for the Eastern
District of Virginia, at Newport News. Mark S. Davis, District
Judge. (4:10-cr-00149-MSD-TEM-2; 4:10-cr-00149-MSD-TEM-1)
Submitted:
Before TRAXLER,
Judges.
Chief
Judge,
Decided:
and
DAVIS
and
January 7, 2014
THACKER,
Circuit
PER CURIAM:
Appellants
Samuel
Jacobs
(Jacobs)
and
Christopher
was
convicted,
after
jury
trial,
of
all
the
at
sufficiency
of
the
evidence
trial
as
well
as
the
to
two
concurrently,
with
five-year
no
terms
term
of
of
Rice was
probation,
imprisonment.
to
run
Rices
sole
Accordingly, we affirm.
I.
Both
presented
Jacobs
and
insufficient
convictions.
Rice
evidence
contend
at
that
trial
to
the
Government
support
in
their
the
light
United
We review
In so doing,
most
favorable
to
the
government
in
elements
of
the
crime
beyond
reasonable
doubt.
United States v. Cone, 714 F.3d 197, 212 (4th Cir. 2013) (citing
United States v. Collins, 412 F.3d 515, 519 (4th Cir. 2005)).
We do not weigh the evidence or review the credibility of the
2
trial
witnesses,
and
we
assume
that
the
jury
resolved
will
uphold
the
jurys
verdict
if
substantial
all
See id.
evidence
Id.
A.
Jacobs
first
contends
that
there
was
insufficient
To convict an
must
prove
beyond
reasonable
doubt
that
the
F.3d
473,
477
(4th
Cir.
2012).
Proof
of
scheme
to
something
of
value
through
misrepresentation
or
other
Therefore, only
viewed
in
the
light
more
favorable
to
the
Jacobs
falsely
told
investors
that
the
money
invested
with
He also
and
that
personal
to
included
the
assets.
disclose
transfers
personal
investors.
and
investments
the
to
In
business
secure
addition,
actual
JBS,
were
use
of
transfers
debts,
and
and
Jacobs
Alliance
to
pay
off
repayments
backed
by
misleadingly
funds,
which
Jacobs
of
own
earlier
laundering.
in
monetary
transaction
in
criminally
derived
unlawful
activity.
18
U.S.C.
1957(a);
property
is
defined
by
statute
as
United
Criminal
any
property
18 U.S.C. 1957(f)(2).
and Rice of this offense, the jury was required to find: (1)
that
Jacobs
and
Rice
knowingly
participated
in
monetary
criminally
derived
property
was
proceeds
derived
from
respect
for
of
to
transactional
his
challenge
his
money
to
his
sole
challenge
to
his
laundering
is
convictions.
fraud
entirely
fraud,
he
necessarily
could
fraud
convictions
not
have
been
convicted
of
supported
by
substantial
evidence.
signed
the
checks
argument is unpersuasive.
or
transferred
the
funds.
This
Alliances
bank
account.
Some
of
these
differences
included the manner in which the payee line and the amount
line
was
written.
In
addition,
the
Government
presented
authentic
on
handwriting
(i.e.,
Rices
personal
checks)
to
F.3d 95, 98 (4th Cir. 1994) (explaining that under Federal Rule
of
Evidence
necessary).
901(b)(3),
expert
Therefore,
opinion
there
8
was
on
handwriting
substantial
is
evidence
not
to
next
argues
that
the
Government
failed
to
did not present any evidence that Rice knew of any fraudulent
activity
separate
from
that
which
was
presented
in
Count
not guilty verdicts for the conspiracy and mail fraud charges
with respect to Rice, there was evidence presented at trial that
Rice was aware that the funds he was transferring from Alliance
to JBS came from Jacobs fraud on the investors.
Specifically,
Jacobs
Nevertheless,
account
for
misrepresentations
Rice
wrote
purposes
to
number
that
of
were
Alliance
checks
from
investors.
Alliances
inconsistent
with
the
there
who
was
evidence
invested
that
$100,000
Rice
with
told
Alliance,
investor
that
In
Susan
Alliance
were
transferred
to
JBS,
Jacobs,
and
Rice.
conclusion
that
Rice
knowingly
participated
in
monetary
term
proceeds
in
18
U.S.C.
1957
should
be
defined
is
inapplicable
Our
court
has
summarized
the
gambling
business,
the
term
proceeds
in
the
money
United
Although the jury acquitted Rice of the mail fraud and the
conspiracy to commit mail fraud counts, this does not mean that
there was insufficient evidence to support a jurys finding that
Rice knew the funds at issue in Counts 8-14 came from unlawful
activity.
The mens rea requirement under the statute is only
that the defendant knows that the monetary transaction involves
criminally derived property. 18 U.S.C. 1957(a). Criminally
derived property means any property constituting, or derived
from, proceeds obtained from a criminal offense.
Id.
1957(f)(2). Indeed, the Government is not required to prove
the defendant knew that the offense from which the criminally
derived property was derived was specified unlawful activity.
Id. 1957(c) (emphasis supplied).
All the Government must
prove is that the defendant knew that the property was obtained
from some criminal offense.
Therefore, Rices acquittals
relating to mail fraud -- which is specified unlawful activity
under the statute -- does not automatically mean that there was
insufficient
evidence
to
support
Rices
conviction
for
transactional money laundering.
10
We
problem
can
occur
transactions
also
to
laundering.
Id.
at
if
the
prosecute
279.
[G]overnment
the
Here,
uses
those
for
money
defendant
however,
the
financial
--
are
different
money
laundering
Alliance funds.
--
from
i.e.,
the
transactions
Rices
subsequent
prosecuted
as
transfers
of
Therefore, there is no
next
argues
that
there
was
insufficient
fraud,
in
of
18
U.S.C.
1956(a)(1)(B)(i),
(3)
knowledge
that
the
transaction
involves
the
Just
transactional
like
money
Jacobs
challenge
laundering
to
described
his
convictions
above,
Jacobs
for
sole
did not engage in mail fraud, he necessarily could not have been
convicted of money laundering to conceal mail fraud.
as
explained
supported
by
above,
Jacobs
substantial
evidence.
fraud
However,
convictions
Therefore,
his
were
argument
with
intent
government.
to
deceive
another
person,
organization,
or
18 U.S.C. 513(a).
to
deceive
Alliances
another
bank
person.
account,
and
Rice
a
was
bank
the
only
signatory
representative
on
testified
that no one other than Rice was authorized to sign checks from
the Alliance account.
name
to
numerous
without authorization.
checks
from
Alliances
bank
account
The
Accordingly,
Pastor
Alliance
Alliance.
because
of
his
dissatisfaction
with
Jacobs
and
At a September
from
which
jury
could
concluded
that
Rice
had
knowledge and involvement with the August 21, 2007 check, which
the jury concluded was a forgery to support Jacobs Count 25
conviction.
Moreover, because Rice was the sole authorized signer
on Alliances account, Rice received account statements, which
would have demonstrated a number of instances in which Jacobs
admittedly signed Rices name to Alliance checks.
Indeed, based
that
indicated
checks
had
been
signed
by
someone
other that Rice, the jury was permitted to infer that Rice made
Alliance checks available to Jacobs despite Rices knowledge of
Jacobs practice of signing Rices name to checks.
check
was
the
August
21,
stipulated
was
signed
by
2007
check,
Jacobs.
which
Therefore,
One such
all
parties
there
was
II.
As
an
alternative
to
his
sufficiency
of
evidence
Sentencing
Guidelines
range.
We
review
sentence
United
whether
States,
552
district
U.S.
court
38,
51
(2007).
properly
applied
for
Gall
In
considering
the
Sentencing
Osborne,
514
F.3d
377,
387
(4th
Cir.
United States
2008)
(internal
entire
left
evidence,
we
are
with
the
definite
and
firm
United States v.
Manigan, 592 F.3d 621, 631 (4th Cir. 2010) (internal quotation
marks and alterations omitted).
A.
Jacobs first argues that the district court erred in
adopting
the
attributable
loss
corresponding
Sentencing
calculating
Presentence
at
Reports
more
14-level
Guidelines
(the
than
$400,000
enhancement
(U.S.S.G.)
attributable
loss,
PSR)
the
and
under
the
Guidelines
states,
[i]n
15
assessing
United
Guidelines
case
of
a
States
2B1.1(b)(1)(H).
calculation
provide
When
for
The commentary
involving
collateral
credited
toward
the
loss
is
the
amount
the
victim
has
against
his
attributable
loss,
the
value
of
the
Jacobs
cites
executed
multiple
testimony
promissory
from
trial
notes
showing
pledging
that
those
he
assets
two
and
half
and
three
million
dollars.
Jacobs
is
wrong.
As
property
the
that
is
Government
notes,
pledged
security
as
collateral
against
refers
debt.
to
See
that
served
investments in Alliance.
as
security
for
the
investors
with them, the testimony at trial revealed that one cannot grant
a security interest in an FCC license.
market
value
attributable loss.
of
the
FCC
licenses
against
Jacobs
$400,000
and
assessing
corresponding
14-level
enhancement.
B.
Jacobs next argues that the district court erred by
assessing
four-level
enhancement
under
U.S.S.G.
any person who sustained any part of the actual loss determined
under subsection (b)(1).
loss
in
turn
is
defined
as
the
reasonably
n.3(A)(i).
Jacobs
contends
that
Actual
foreseeable
Id. 2B1.1
because
many
of
the
PSR
contains
chart
that
identifies
138
victims and lists the amount each gave to Alliance, the amount
that was returned, and the amount still owed.
17
the district court adopted, notes that of the victims who had
been
repaid,
most
initiated by agents.
Jacobs
does
were
repaid
after
an
investigation
was
J.A. 1741.
not
challenge
this
finding,
but
merely
The commentary to
states:
from
whom
Alliance
obtained
this
money
constitute
18
C.
Jacobs next challenges the district courts inclusion
of a two-level enhancement after finding that Jacobs conduct in
running
Alliance
pursuant
to
constituted
U.S.S.G.
sophisticated
2B1.1(b)(10).
The
means
of
commentary
fraud
to
the
especially
intricate
offense
conduct
pertaining
to
the
transactions,
entities,
or
corporate
both,
through
shells,
or
the
offshore
use
of
fictitious
financial
accounts.
Id.
In
this
case,
the
district
court
found
that
the
and
personal
expenses.
In
addition,
Jacobs
made
investors
into
Alliance.
Jacobs
promised
high
19
These findings
Jacobs engaged in
use
investor
funds.
Accordingly,
the
district
to
of
U.S.S.G.
a
criminal
3B1.1(a)
activity
for
being
that
an
organizer
involved
five
or
or
more
Guidelines
explains
whether
otherwise
extensive,
that,
in
Id.
participants
could
may
is
outsiders
court
scheme
all
three
district
consider
the
considered
but
be
used
the
considered
unknowing
services
extensive.
Id.
of
many
(emphasis
supplied).
organized
In
this
and
led
case,
Rice
the
evidence
through
the
or
leader
of
criminal
20
is
clear
that
participation
of
Jacobs
Jacobs
Further,
the
district
courts
finding
that
the
scheme
was
otherwise
and maintained a business entity for more than three and a half
years,
fraudulently
individuals
and
obtained
entities,
money
and
from
relied
on
138
different
the
unwitting
of
Alliance.
each
church members.
of
Jacobs
whom
then
was
dishonest
solicited
with
investments
the
board
from
their
We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
this
court
and
21