Sentencing Guidelines – Enhancement

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7^th Circuit Court of Appeals

Case Name: United States of America v. Arthur Friedman

Case No.: 19-2004

Officials: FLAUM, KANNE, and BRENNAN, Circuit Judges.

Focus: Sentencing Guidelines – Enhancement

To keep his car dealership afloat, Arthur Friedman secured loans for fake buyers of a phony inventory of cars. The scheme resulted in a bank fraud conviction, a 108‐month prison sentence, and an order to pay roughly $5 million in restitution. We have cautioned against raising too many issues on appeal; Friedman raises nine to his conviction and his sentence. Friedman appeals a glut of pre‐trial, trial, and post‐verdict rulings. His arguments cover: (1) the alleged conflict of interest of Bilis’s counsel; (2) jury instructions; (3) the jury’s verdict on count five, the Blekhman loan charge; (4) the denial of a new trial based on the government’s “gut” references during its closing argument; (5) the denial of a new trial based on “newly discovered evidence”; (6) a sentencing enhancement for obstruction of justice; (7) a sentencing enhancement for the use of sophisticated means to conceal the fraud; (8) the district court’s calculation of loss attributable to the fraud; and (9) the district court’s restitution order. We discuss these challenges in that order. For sake of clarity as to the appropriate standard of review, the issues are organized according to whether they were raised via motion or objection. The district court ruled correctly in all respects, so we affirm.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.