Karl Lee Phillips v. United States

Good Law
679 F.2d 192·1982 U.S. App. LEXIS 18611
United States Court of Appeals for the Ninth CircuitJune 8, 198280-4467California1,590 words

Opinion

Opinion

Hoffman, J.

Phillips pled guilty pursuant to a plea bargain to counts I, XII, and XXII of a twenty-six count indictment alleging mail fraud, 18 U.S.C. § 1341 , and use of a fictitious name to defraud, 18 U.S.C. § 1342 .

Count I alleged that Phillips: (1) registered fictitious businesses with various state agencies responsible for unemployment insurance benefits in California, Washington and Nevada; (2) rented post office boxes with assumed names; (3) submitted fictitious employee names for whom he paid payroll taxes; (4) filed false claims for unemployment benefits; (5) received the benefit checks by mail and (6) negotiate ed the checks and received the money. The probation report indicated that the scheme yielded $59,195. Each subsequent count incorporated Count I and alleged particular acts on specified dates performed in furtherance of the scheme, but neither counts I, XII, or XXII set forth an amount that Phillips actually received.

Phillips was sentenced to one year imprisonment each on counts I and XII with the sentences to be served concurrently. Sentence was suspended on count XXII and Phillips was given five years probation on the condition he make $6,000 restitution. Phillips…

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