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Willis: FEMA fraud sentenced up to maximum disbursement

By Tim Cone

In U.S. v. Willis, No. 08-10305 (March 3, 2009), the Court affirmed the Guideline loss amount imputed to a defendant convicted of defrauding FEMA by seeking fraudulent post-Hurricane Katrina aid.Under the FEMA program, an applicant Hurricane victim was entitled to $4,358 automatically. The applicant could exceed this amount by making specific application therefor. The maximum aid amount was $26,200 per application.Willis submitted numerous fraudulent applications, some in excess of the $4,358 automatic payment. Remarkably, she submitted one application after being indicted on for the fraud. The sentencing court held Willis accountable for $26,200, the maximum possible harm, for each FEMA application she submitted.Rejecting Willis? challenge to this determination, the Court held that Willis? pattern of applying for funds beyond the $4,358 automatic disbursement supported an inference that she intended to pursue additional money from her other applications, and eventually intended to pursue the maximum disbursement for each application.continue to full post

Full post as published by Defense Newsletter Blog on March 11, 2009 (boomark / email).