Sentencing — abuse of trust enhancement

Listen to this article

United States Court of Appeals For the Seventh Circuit

Criminal

Sentencing — abuse of trust enhancement

Where a defendant convicted of wire fraud was entrusted with a corporate credit card, and very little oversight, the circuit court did not abuse its discretion by enhancing the sentence for abuse of a position of trust.

“We recently clarified, however, that the ‘common thread’ in our decisions upholding application of § 3B1.3 is ‘the victim’s special trust and reliance,’ noting that ‘a defendant’s authority over the victim’s valuables and the degree of discretion given to the defendant by the victim are simply indicia of’ that trust. United States v. Fuchs, 635 F.3d 929, 935 (7th Cir. 2011) (emphasis added). Here, the district court concluded that specific features of the relationship between Bradshaw and her employers warranted the enhancement. Specifically, Company A gave Bradshaw the multi-faceted responsibility of opening its Chicago office and subsequently commended her performance. Moreover, Bradshaw was entrusted with a corporate credit card for business expenses with very little oversight, which facilitated her fraudulent purchases. Company B also gave Bradshaw a corporate credit card, as well as unfettered access to a vice-president’s email account, which she used to approve her own false invoices. Considering Bradshaw’s job titles alone, this case would fall outside the outer boundaries of § 3B1.3. But the district court’s findings about the particular characteristics of her job responsibilities support the conclusion that Bradshaw’s employers ‘placed more than the ordinary degree of reliance on [her] integrity and honesty.’ Id.”

Affirmed.

11-1511 U.S. v. Bradshaw

Appeal from the United States District Court for the Northern District of Illinois, Kocoras, J., Sykes, J.