United States v. Linda Kot

MEMORANDUM

I.

Linda Marie Kot (“Kot”) challenges: (1) her conviction for mail fraud, wire fraud, bank fraud and conspiracy to commit mail fraud, wire fraud, and bank fraud; (2) her 2-level sentencing enhancement for relevant conduct; and (3) the district court’s loss calculation of $2.5 to $7 million, resulting in an increase of 18 in the base offense level. Kot’s convictions arose out of her alleged masterminding of a scheme whereby she sold properties to a real estate trust (the “Trust”) — created by Hugo Coutelin (“Coutelin”) and Michael Perry (“Perry”), and later joined by Jeff Thomas (“Thomas”) — in exchange for brokerage commissions. We have jurisdiction pursuant to 28 U.S.C. § 1291 . Kot’s evidentiary claims and other objections are not persuasive; therefore we affirm her conviction and sentence.

II.

A. Contrary to Kot’s assertions, there was sufficient evidence to support the jury’s finding that her alleged falsehoods were material to the issuance of the bank loans in question, and that the funds were under the custody and control of an FDIC-insured institution. As to materiality, the jury heard testimony from employees of the mortgage brokers/banking subsidiaries that…