Blitz

United States v. Blitz

Good Law
151 F.3d 1002·1998 WL 448893
United States Court of Appeals for the Ninth CircuitAugust 6, 1998Nos. 97-50326, 97-50327, 97-50406, 97-50410, 97-50432 and 97-50559California6,908 words

Opinion

Lead Opinion

Fernandez, J.

Lori Blitz, Norman Hefferan, Jerry Pierre Ste. Marie, Kristen Leon Hall, Jacob Giffin, and Harold Larsen 1 appeal their convictions and sentences for mail and wire fraud arising from a telemarketing scheme (Nortay Consultants) which defrauded victims into paying retainer fees in exchange for false promises of recovery of the money they had previously lost to other telemarketers. Hall challenges the sufficiency of the evidence to support his jury convictions. Hall and Larsen challenge the admission of two pieces of evidence introduced at trial. Further, all of the Telemarketers challenge their sentences, in particular the district court’s calculation of the loss intended to be inflicted upon the victims. Finally, Hefferan challenges his restitution order. We dismiss Hefferan’s appeal, and affirm the Telemarketers’ convictions and 'sentences.

BACKGROUND

Nortay Consultants (Nortay) was formed by Blitz, Hefferan and Larsen in February of 1993 as a business that purported to recover money that individuals, mostly elderly, had lost to fraudulent telemarketing companies. Nortay telemarketers utilized lead lists that identified as prospective customers the victims of other fraudulent…

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