(DOWNLOAD) "United States v. Kosth" by United States Court of Appeals for the Seventh Circuit * eBook PDF Kindle ePub Free

eBook details

Title: United States v. Kosth
Author : United States Court of Appeals for the Seventh Circuit
Release Date : January 25, 1991
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 55 KB

Description

KANNE, Circuit Judge Defendant Daniel Kosth sold credit reporting equipment through his business, The Quad Cities Credit Bureau, Inc. Kosth obtained a merchant account with First Midwest Bank of Moline which entitled him to process his company's credit card transactions through the bank. When one of his customers purchased reporting equipment with a credit card, Kosth forwarded the credit card invoice to First Midwest Bank of Moline. The bank then processed the invoice through the merchant account, remitted money to Kosth, and sought payment from the credit card company for the purchase. For eight months defendant's brother supplied him with fraudulent and altered credit cards. Using these cards, Kosth received payment from the bank for phantom purchases of merchandise. Ultimately a three count indictment was returned charging Kosth with conspiracy to commit fraud by access device and fraud by access device in violation of 18 U.S.C. Â§Â§ 1029(a)(1), (a)(2), and 371. Kosth pled guilty to the one conspiracy count and the other two counts were dismissed. The district court sentenced Kosth to fifteen months imprisonment to be followed by three years of supervised release. One condition of the release requires defendant to inform the Probation Office of any financial obligations incurred by his wife which exceed $250.00. Kosth was also ordered to pay over $29,422.93 in restitution for monies received through this scheme. In imposing the sentence the court found Kosth had abused a position of private trust and thus increased his offense level by two under Â§ 3B1.3 of the Sentencing Guidelines. Defendant appeals the two level enhancement, and the propriety of the condition to report his wife's financial obligations.