05-3554 U.S. v. Peterson-Knox

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Where an employee had virtually no safeguards stopping her from defrauding her employer, her sentence was properly enhanced for abuse of a position of trust.

“Peterson violated her position of trust by taking advantage of the company’s lack of safeguards, checks and controls in the purchasing and shipping departments. Peterson was able to create a surplus computer inventory because Ameritech had entrusted her with the authority to order, receive and distribute laptops to its employees without installing a foolproof auditing and control system. The orders she submitted to Ameritech’s purchasing department were almost automatically ‘approved without hesitation,’ ensuring that her criminal activity (false orders) would go undetected. Obviously she violated her managerial position and Ameritech’s Code of Business Conduct. Also, Peterson’s position enabled her to create and destroy shipping labels used in furtherance of the scheme and to direct unwitting subordinates to ship computers to non-employees, which concealed her personal involvement, without arousing suspicion. From the wealth of evidence presented to the district judge, it is apparent that Peterson’s position and authority significantly facilitated the commission of the offense and the concealment of her involvement, thereby justifying the increase in the period of confinement under § 3B1.3.”

Affirmed.

Appeal from the United States District Court for the Northern District of Illinois, Leinenweber, J., Coffey, J.