United States v. Gail Bilyeu

MEMORANDUM

Gail Bilyeu appeals the criminal forfeiture order and the term of supervised release imposed by the district court. We affirm. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.

I

When proper notice is given and forfeiture is authorized by statute, “the district court must impose criminal forfeiture in the amount of the ‘proceeds’ of the crime.” United States v. Newman, 659 F.3d 1235, 1239 (9th Cir.2011). The “proceeds” of a “fraudulently obtained loan equal the amount of the loan” and, in a conspiracy, the “proceeds” “equal the total amount of the loans obtained by the conspiracy as a whole.” Id. at 1244 .

Despite the fact that the government listed three forfeiture statutes in the indictment, Bilyeu had proper notice of the forfeiture because the indictment listed specific forfeiture allegations, including the specific amount of the requested money judgment.

Bilyeu also argues the district court erred by defining the “proceeds” of her offense as the total amount of loans she and her co-conspirator fraudulently borrowed. However, Bilyeu’s interpretation of the term “proceeds” is foreclosed by Newman,…