U.S. v. Tartareanu

Dist. Ct. did not err in sentencing defendants to 36-month and 21-month terms of incarceration on wire fraud charges based on defendants’ submission of false mortgage applications filed by unqualified buyers. While defendants challenged Dist. Ct.’s calculation of total loss amount of $1,835,861 that included $1.3 million loss associated with applications sent to Bank of America, where said Bank was complicit in said fraud, Bank’s complicity in scheme was irrelevant in intended loss calculation, which looks to amount of money defendants placed at risk when perpetrating fraud. As such, Dist. Ct. could properly include in intended loss figure $1.3 million of Bank of America’s money that defendants placed at risk through their submission of loan applications to said Bank. Also, Dist. Ct. did not err in denying one defendant’s request for offense-level reduction based on her alleged minor role in scheme, where record showed said defendant’s role was necessary to functioning of scheme.