United States v. Alphonse Cuozzo, United States of America v. Robert Frank Stella, Jr., United States of America v. Karin Susan Monari

Good Law
92 Daily Journal DAR 5632·962 F.2d 945·1992 WL 82025·1992 U.S. App. LEXIS 7733·92 Cal. Daily Op. Serv. 3571
United States Court of Appeals for the Ninth CircuitApril 27, 199291-10064, 91-10107, 91-10108California4,322 words

Opinion

Opinion

Poole, J.

I.

During the spring and summer of 1989, appellants Alphonse Cuozzo and Karin Susan Monari represented to potential borrowers that they could broker a loan of one million dollars or more to borrowers able to provide one percent of the loan in cash up front. Appellant Robert Frank Stella, Jr. joined this enterprise in August, 1989. On September 6 and 7, 1989, Cuozzo, Monari, and Stella (posing as an insurance broker under the name Anthony Mazzolo) met with the majority of borrowers at two different hotels in California, where the borrowers signed documents, made additional cash payments, and received promises that their loans would arrive within days. Since none of the money was ever received, an investigation was launched and Cuozzo, Monari, and Stella were subsequently indicted by a grand jury for conspiracy and fraud.

Following a jury trial, Cuozzo was found guilty of one count of conspiracy in violation of 18 U.S.C. § 371 , and thirteen counts of wire fraud and aiding and abetting in violation of 18 U.S.C. §§ 1343 and 2. Mon-ari was convicted of one count of conspiracy, thirteen counts of wire fraud and hiding and abetting, and two counts of mail fraud and aiding and abetting…

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