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United States v. Corsey

United States Court of Appeals for the Second Circuit

723 F.3d 366 (2d Cir. 2013)

Facts

Emerson Earl Corsey and his associates (the fraudsters) (defendants) attempted to lure a Federal Bureau of Investigation (FBI) informant who was posing as a broker into financing a nonexistent oil pipeline in Siberia in order to defraud the informant out of $3 billion. The fraudsters promised a return of $14 billion over five years in exchange for a $3 billion loan. The scheme was hair-brained and never close to posing any danger of success. Because the intended loss amounted to $3 billion, the sentencing guidelines indicated a sentence of around 20 years in prison. The fraud was so poorly planned that it posed zero danger of success. Despite this fact, the district court imposed a sentence of 20 years as recommended by the sentencing guidelines. The district court failed to provide substantive support for its decision to impose the maximum sentence permitted. The fraudsters appealed their sentences to the United States Court of Appeals for the Second Circuit.

Rule of Law

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Issue

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Holding and Reasoning

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Concurrence (Underhill, J.)

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