United States v. Tommy Briscoe (1995)

See Briscoe, 65 F.3d at 588 (“[Defendant’s] filing history demonstrated that he knew that he had an obligation to file and that he intentionally ignored that obligation.”).

The majority concludes that the phrasing of § 3B1.1(a) suggests an equivalence between "five or more participants" and "otherwise extensive," such that "otherwise extensive" must be interpreted in terms of the number of individuals involved in the criminal activity and the extent of their contributions. 34 A more plausible interpretation of § 3B1.1(a), in my opinion, is that the presence of five or more "participants" establishes a conclusive presumption that the criminal ac…

See, e.g., Yarnell, 129 F.3d at 1139 (relying on geographic scope, duration, number of victims, amount of losses, planning, complex execution, as well as number of persons involved); Sanders, 95 F.3d at 457 (relying on fact that activities "took place in several states”); United States v. Briscoe, 65 F.3d 576, 580, 590 (7th Cir.1995) (holding that fraudulent loan operation, run by three criminal participants over four years and involving fifty-nine fraudulent transactions to…

United States v. Briscoe, 65 F.3d 576, 582 (7th Cir. 1995)./1 For her part, Bell pleaded guilty to aiding and abetting Briscoe in obtaining illegal loans from the Union.

United States v. Briscoe, 65 F.3d 576, 582 (7th Cir.l995). 1 For her part, Bell pleaded guilty to aiding and abetting Briscoe in obtaining illegal loans from the Union.

United States v. Briscoe, 65 F.3d 576, 583 (7th Cir.1995).

See United States v. Gee, 226 F.3d 885, 891 (7th Cir. 2000); United States v. Briscoe, 65 F.3d 576, 582 (7th Cir. 1995).

See United, States v. Gee, 226 F.3d 885, 891 (7th Cir.2000); United States v. Briscoe, 65 F.3d 576, 582 (7th Cir.1995).

United States v. Bach, 172 F.3d 520, 522 (7th Cir.1999); United States v. Briscoe, 65 F.3d 576, 583 (7th Cir.1995).

United States v. Bach, 172 F.3d 520, 522 (7th Cir. 1999); United States v. Briscoe, 65 F.3d 576, 583 (7th Cir. 1995).

United States v. Briscoe, 65 F.3d 576, 585 (7th Cir.1995).

United States v. Patasnik, 89 F.3d 63, 69 (2nd Cir. 1996) (upholding finding that two-man fraudulent operation affecting numerous victims over two years qualified as "otherwise extensive" activity); United States v. Briscoe, 65 F.3d 576, 590 (7th Cir. 1995) (fraudulent loan operation run by three criminally culpable parties over four years and involving 59 fraudulent transactions totalling $120,000 constituted an "otherwise extensive" enterprise); United States v. Mullins, 9…

United States v. Patasnik, 89 F.3d 63, 69 (2nd Cir.1996) (upholding finding that two-man fraudulent operation affecting numerous victims over two years qualified as “otherwise extensive” activity); United States v. Briscoe, 65 F.3d 576, 590 (7th Cir.1995) (fraudulent loan operation run by three criminally culpable parties over four years and involving 59 fraudulent transactions totalling $120,000 constituted an “otherwise extensive” enterprise); United States v. Mullins, 992…

United States v. Briscoe, 65 F.3d 576, 582 (7th Cir.1995).

United States v. Briscoe, 65 F.3d 576, 586 (7th Cir.1995).

See, e.g., Schmuck v. United States, 489 U.S. 705, 721 , 109 S.Ct. 1443, 1453 , 103 L.Ed.2d 734 (1989); United States v. Ross, 77 F.3d 1525, 1542 (7th Cir.1996); United States v. Briscoe, 65 F.3d 576, 583 (7th Cir.1995).

Facts upon which sentencing determinations are based must be proved by a preponderance of the evidence, United States v. Sautter, 60 F.3d 270, 278 (7th Cir.1991), and a district court’s findings of fact under the sentencing guidelines are reviewed for clear error, United States v. Briscoe, 65 F.3d 576, 589 (7th Cir.1995).

“We review the district court’s calculation of the amount of loss associated with a defendant’s offense under § 2Fl.l(b) for clear error.” United States v. Yusufu, 63 F.3d 505, 513 (7th Cir.1995); United States v. Holiusa, 13 F.3d 1043, 1045 (7th Cir.1994). “[W]e will only reverse if we are left with the definite and firm conviction that a mistake has been made.” United States v. Briscoe, 65 F.3d 576, 589 (7th Cir.1995) (citing United States v. Dillard, 43 F.3d 299, 308 (7th…

Moreover, criminal penalties do not attach unless the violation is willful, meaning that it was committed in knowing or reckless disregard of the law. 29 U.S.C. § 439 (a); United States v. Briscoe, 65 F.3d 576, 587 (7th Cir.1995).

See United States v. Frey, 42 F.3d 795, 797 (3d Cir.1994); United States v. Briscoe, 65 F.3d 576, 583 (7th Cir.1995).

“District courts are ... free to examine factors in addition to headcount to justify a finding that a given criminal activity is otherwise extensive.” United States v. Briscoe, 65 F.3d 576, 590 (7th Cir.1995) (quoting United States v. Tai, 41 F.3d 1170, 1175 (7th Cir.1995)).

United States v. Daniel, 749 F.3d 608, 615 (7th Cir.2014); see also United States v. Briscoe, 65 F.3d 576, 583 (7th Cir.1995) (stating that the government need only prove that a scheme exist *870 ed in which use of mails was reasonably foreseeable).

See generally United States v. Briscoe, 65 F.3d 576, 589 (7th Cir. 1995) (kickbacks “represent money that should have gone to the Union” and, as such, were properly included in the loss calculation).

See generally United States v. Briscoe, 65 F.3d 576, 589 (7th Cir.1995) (kickbacks “represent money that should *697 have gone to the Union” and, as such, were properly included in the loss calculation).

See also United States v. Briscoe, 65 F.3d 576, 586 (7th Cir.1995) (holding union official’s retention of loan application fees from non-members for personal use was sufficient to sustain a conviction under 29 U.S.C. § 501 (c)).

See United States v. Briscoe, 65 F.3d 576, 590 (7th Cir.1995); Hogan, 54 F.3d at 340-41 .

See United States v. Briscoe, 65 F.3d 576, 591 (7th Cir.1995).

See United States v. Briscoe, 65 F.3d 576, 590 (7th Cir.1995); United States v. Rodriguez, 981 F.2d 1199, 1200 (11th Cir.1993).