02-1551 U.S. v. Gramer

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“Gramer’s participation was essential to the success of the scheme because with multiple signators no single person’s name appeared on all of the paperwork as authorizing repairs or approving payments. Gramer’s interaction with, and dependence on, the other co-defendants demonstrates there was a single overarching scheme to defraud IMMI. As in United States v. Narvaez, 995 F.2d 759 (7th Cir. 1993), there is evidence which shows Gramer was in contact with each participant in the scheme; he approved purchase and repair orders from Reid, Richardson, and Cook, and worked in agreement with Adair and under his supervision. Gramer’s role as an additional signator played a key role in the long (four years) success of the scheme. Gramer’s involvement with all the participants and his important position solidifies that Gramer was involved in a single scheme for which he shares full responsibility. Even assuming that Gramer is correct in his assertion that other unnamed participants were involved in the scheme, Gramer did not have to be aware of other people’s identities or their acts, so long as the evidence showed that Gramer participated in the scheme. United States v. Adeniji, 221 F.3d 1020, 1026 (7th Cir. 1999); United States v. Silva, 781 F.2d 106, 108-09 (7th Cir. 1986). In situations involving multiple criminal participants, the Sentencing Guidelines instruct the courts to consider ‘all reasonably foreseeable acts and omissions of others in furtherance of the jointly undertaken criminal activity.’ United States v. Blackwell, 49 F.3d 1232, 1235 (7th Cir. 1995); United States v. Smith, 897 F.2d 909, 910-11 (7th Cir. 1990). Gramer’s authorization of approving the requisite paperwork was part of the overall scheme devised and implemented by Adair. While Gramer may not have been the mastermind of the plan or the largest benefactor of the fraud, his fraudulent actions furthered the goal of siphoning funds from IMMI. The district court’s sentencing of Gramer ‘properly reflected the amount stolen in furtherance of the [scheme].’ United States v. Narvaez, 995 F.2d 759, 763 (7th Cir. 1993). While Adair personally received a much greater portion of the final $430,752 than his coworkers, his longer sentence reflected that fact. Whether Gramer took away 10% from each transaction or 50% is immaterial; Gramer was guilty of participating and profiting in a single scheme to defraud IMMI.”

Affirmed.

Appeal from the United States District Court for the Southern District of Indiana, Barker, J., Bauer, J.