United States v. Colin Nathanson

MEMORANDUM

Pursuant to a plea agreement, Appellant Colin Nathanson (Nathanson) pled guilty to six counts of mail fraud based on a scheme to defraud investors in his companies. Nathanson challenges his sentence of 324 months’ imprisonment.

1. The district court did not err in imposing a two-level enhancement based on Nathanson’s violation of prior administrative orders. Nathanson admitted violating several cease and desist orders precluding him from selling unregistered securities. See United States v. Brigham, 447 F.3d 665, 670 (9th Cir.2006); see also U.S.S.G. § 2B1.1(b)(8)(C)(2008).

2. The district court properly applied a four-level enhancement to Nathan-son’s sentence premised on his leadership role in the scheme to defraud. Nathan-son’s plea agreement establishes that Nathanson served as the chief executive officer of the companies involved in the scheme to defraud and was responsible for the operation and management of the Nathanson Investment Trust and its accounts; directly communicated to investors fraudulent information concerning their investments; and organized the scheme to defraud with a criminally culpable business partner. See United States v. Govan, 152 F.3d…