U.S. v. Sunmola

Dist. Ct. did not err in sentencing defendant to 324-month term of incarceration, as well as imposed $1,669,050.98 in restitution on charges of conspiracy, mail and wire fraud and interstate extortion arising out of on-line dating scheme in which defendant fooled victims into thinking they were communicating with successful businessmen and, after obtaining victims’ trust, sought money and merchandise from victims. Dist. Ct. could properly apply substantial hardship and vulnerable victims enhancements, where: (1) seven victims listed in presentence report asserted either insolvency, bankruptcy, substantial loss to savings or substantial change to employment or living circumstances arising out of charged scheme; and (2) defendant targeted victims who were vulnerable because of divorce, being widows or being abandoned because he believed that they would be susceptible to his deceitful tactics. Defendant also qualified for military misrepresentation enhancement, where record showed that defendant led victims to believe that money they sent would be used to complete work on behalf of U.S. military. Too, defendant qualified for organizer or leader enhancement, where defendant recruited accomplices, placed orders for merchandise, acquired phony credit card data to purchase merchandise and directed others on what to tell victims. With respect to loss calculation, Dist. Ct. properly placed burden of defendant to rebut accuracy of calculation set forth in presentence report, and Dist. Ct. could properly base restitution order on said loss calculation.