U.S. v. Moeser

Dist. Ct. did not err in finding that defendant was jointly and severally liable with his co-defendants on $625,544 restitution order arising out of defendant’s guilty plea to bank fraud conspiracy charge, even though defendant argued that Dist. Ct. should have imposed on defendant smaller amount that was based only on losses to which defendant was directly accountable. Co-conspirators are held jointly and severally liable for all foreseeable losses within in scope of conspiracy, and defendant had pleaded guilty to instant conspiracy that spanned 13-month period of time and covered series of false misrepresentations. Moreover, record showed that defendant played role in promoting scheme to victims knowing that entity lacked funds to purchase real estate used as collateral to secure loan, and that one victim testified that loan would not have been approved had entity not owned said real estate.