United States v. Geevers

226 F.3d 186 (2000)

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United States v. Geevers

United States Court of Appeals for the Third Circuit
226 F.3d 186 (2000)

  • Written by Alexander Hager-DeMyer, JD

Facts

Martin Geevers (defendant) engaged in a check-kiting scheme in which he used worthless checks to inflate various bank accounts and then withdrew the proceeds. Geevers was charged with bank fraud and pleaded guilty. Under federal sentencing guidelines for fraud, Geevers’s crime had a base offense level of six. However, the guidelines provided for increasing the offense level according to the amount of loss suffered by the victim institutions. The actual loss inflicted by the defendant determined the increase unless the defendant intended to inflict a greater loss and the court could determine that figure. The trial court measured the loss as the amount that Geevers intended to take, which the judge determined by the total amount of worthless checks Geevers used in his scheme. The intended loss increased the six-point base level by 11 points, significantly increasing Geevers’s prison sentence. Geevers appealed the trial court’s judgment to the Third Circuit. Geevers argued that no reasonable check writer would think he could withdraw the full face amount of the worthless checks, and that therefore, the amount of the worthless checks could not be used to calculate intended loss.

Rule of Law

Issue

Holding and Reasoning (Becker, C.J.)

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