Roper

United States v. Roper

Good Law
57 F. App'x 734
United States Court of Appeals for the Ninth CircuitJanuary 21, 2003No. 01-10153; D.C. No. CR-F-99-5341-OWWCalifornia509 words

Opinion

Lead Opinion

MEMORANDUM ***

Kenneth Roper, convicted for his participation in a Ponzi scheme, appeals his fifty-one month sentence. We affirm.

Roper contends that the court erred by including the Eagle Group’s investment in determining the amount of fraud loss attributable to him. In fraud cases, loss amounts need not be determined with precision; the district court must only make a reasonable estimate of the loss, given the available information. United States v. King, 257 F.3d 1013, 1025 (9th Cir.2001). The preponderance of the record evidence establishes sufficient contacts between Roper and the Eagle Group’s $250,000 investment to support the district court’s inclusion of the investment in the total loss. Accordingly, the district court did not err in finding that the total fraud loss reasonably foreseeable to Roper was $1,697,000. Further, the district court properly included the entire $250,000 of the Eagle Group’s investment in determining the restitution owed by Roper to the victims of his criminal conduct.

Similarly, the district court did not err in determining the total amount of funds involved in the money laundering conspiracy. The district court properly included all amounts…

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