U.S. v. Hernandez

Record contained sufficient evidence to support defendant’s conviction on mail fraud charge arising out of her participation in fraudulent mortgage trust company that falsely claimed that it would assist members by negotiating with lenders to take over members’ mortgages. While defendant claimed that govt. failed to establish that she used mail in furtherance of fraudulent scheme, where prospective members came to her to sign documents and gave her “membership fees,” record showed that certain members identified in charging papers were sent via mail payment schedules and bills, which satisfied use of mails element of charge. Instant mailings also made false representations regarding purchase of members’ mortgages and otherwise helped defendant conceal fraudulent scheme. Also, Dist. Ct. could properly postpone any required restitution payment until after time spent by defendant in prison, and Ct. of Appeals rejected defendant’s claim that Dist. Ct. improperly delegated its authority to Bureau of Prisons by failing to set restitution payment schedule for time spent in prison.