Panel Remands Ponzi Scheme Operator’s Suit To District Court For Resentencing

Mealey's (August 1, 2019, 2:07 PM EDT) -- NEW ORLEANS — Although a federal district court’s conviction and restitution order against the operator of a Ponzi scheme was correct, under U.S. Supreme Court precedent, a vacating of the sentence and remand to state court is necessary because the district court’s sentencing guidelines calculation was off by a single point, a Fifth Circuit U.S. Court of Appeals panel ruled July 29 (United States v. Roberto Trinidad del Carpio Frescas, No. 17-50245, 5th Cir., 2019 U.S. App. LEXIS 22455)....