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Bank Fraud Sentence of Five Years Affirmed

By Shari Allison

US v. Ratliff, 2010 WL 1645144 (10th Cir. 4/26/10) (unpub.) - The Court affirms a 60-month sentence imposed after defendant entered a guilty plea to one count of bank fraud. The two-level enhancement for abuse of a position of trust was proper because Defendant held a position in which she had authority to make substantial discretionary judgments for her employer, who was a victim of the bank fraud since his company was the true owner of the checks she converted to her own use. A two point enhancement for use of sophisticated means was appropriate in light of the sophistication of the defendant's overall scheme that included forging a bill of sale showing she owned the company and her establishment of a phony company bank account in her name...continue to full post

Full post as published by Tenth Circuit Blog on April 28, 2010 (boomark / email).