U.S. v. Domnenko

Federal 7th Circuit Court
Criminal Court
Wire Fraud
Citation
Case Number: 
Nos. 13-1004 & 13-1005 Cons.
Decision Date: 
August 18, 2014
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed and reversed in part and remanded
Record contained sufficient evidence to support defendants’ guilty verdicts on wire fraud charge stemming from scheme in which defendants obtained $250,000 above purchase price of home through use of false/misleading documents, and then shortly sold said house after they made undisclosed promises to give kickbacks to buyer. Record showed that one defendant submitted false statements to bank regarding her annual income and amount of money in her bank account, and other defendant failed to disclose that he played buyer and seller roles in said purchase of home. However, record failed to support Dist. Ct.’s finding that $600,000 loss attributed to different bank that financed second purchase of home was foreseeable to defendants, where there was no evidence indicating that defendants were aware that individual, who purchased said home at inflated price and had failed to make single loan payment, was using fictitious name/fraudulent means to acquire said property.