In U.S. v. Willis, No. 08-10305 (March 3, 2009), the Court affirmed the Guideline loss amount imputed to a defendant convicted of defrauding FEMA by seeking fraudulent post-Hurricane Katrina aid.
Under the FEMA program, an applicant Hurricane victim was entitled to $4,358 automatically. The applicant could exceed this amount by making specific application therefor. The maximum aid amount was $26,200 per application.
Willis submitted numerous fraudulent applications, some in excess of the $4,358 automatic payment. Remarkably, she submitted one application after being indicted on for the fraud. The sentencing court held Willis accountable for $26,200, the maximum possible harm, for each FEMA application she submitted.
Rejecting Willis’ challenge to this determination, the Court held that Willis’ pattern of applying for funds beyond the $4,358 automatic disbursement supported an inference that she intended to pursue additional money from her other applications, and eventually intended to pursue the maximum disbursement for each application.
