U.S. v. Lundberg

Federal 7th Circuit Court
Criminal Court
Wire Fraud
Citation
Case Number: 
No. 19-3477
Decision Date: 
March 17, 2021
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Record contained sufficient evidence to support defendant's conviction on wire fraud charges that stemmed from defendant's unauthorized use of credit card belonging to company where male companion was employed. Record showed that defendant and companion spent $5.8 million on personal luxury items and rental expenses through use of company credit card, and defendant continued to make purchases on credit card after companion indicated that said spending placed him at risk of going to jail. Defendant failed to move for judgment of acquittal, and thus plain error standard applied to defendant's reasonable doubt argument, and while defendant argued that she only was aware of companion's fraudulent use of credit card, record showed that defendant had requisite intent to defraud, where defendant also participated in illicit spending. Also, defendant waived argument that Dist. Ct. erred in admitting certain evidence, where defendant either referred to said evidence in attempt to advance her defense to charged offense or stipulated to admission of said evidence. Too, Dist. Ct. did not err in imposing sophisticated means enhancement under section 2B1.1(b)(10)(C) of USSG based upon defendant's alteration of tax records to support her lease application for California home.