In U.S. v. Padron, No. 07-11228 (May 13, 2008), the Court affirmed the conviction and sentence of a defendant convicted of a mail fraud scheme arising out of a personal injury clinic that obtained money from insurance companies by submitting false claims.
The Court rejected the argument that an acquittal should have been directed because the defendant was entrapped. The Court relied on evidence that showed that Padron was predisposed to commit the fraud.
Turning to the sentence, the Court affirmed the district court’s calculation of the loss amount, pointing that the Guidelines hold a defendant accountable for "the full intended loss amount." The Court also rejected the argument that the district court lacked jurisdiction to enter a judgment of forfeiture with regard to money. The Court noted that criminal forfeiture applies in every case for which civil forfeiture is authorized, and civil forfeiture, in turn, applies to all "specified unlawful activity" – and fraud is listed as a specified unlawful activity.
