United States v. Samuel Braslau

MEMORANDUM

After a jury trial, Samuel Braslau (Bras-lau) was convicted of eleven' counts of mail fraud, five counts of wire fraud, and one count of making false statements to an attorney for the Securities and Exchange Commission (SEC). Braslau appeals his conviction, his 87-month sentence, and the restitution order in the amount of $1,618,697. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We AFFIRM Braslau’s convictions on Counts 2, 4, 5, 6, 7, 8, 9, 11, 12, 13, 16, 19, 21, 22, 23, and 26, and REVERSE his conviction on Count 20. Because we reverse Braslau’s conviction on Count 20, we VACATE his sentence and REMAND for resentencing. We AFFIRM the restitution order.

1. Braslau argues the evidence at trial was insufficient to convict him of the wire fraud charged in Count 20 of the indictment. The government concedes this argument. Accordingly, we reverse Braslau’s conviction on Count 20 on the basis of the government’s concession.

2. The district court did not constructively amend the indictment by failing to instruct that the jury must find the scheme began “in or about December 2010,” as charged. The evidence supported the finding that Braslau engaged…