The government explains that these checks were payable to Durr from a fictional entity called “Romano Capital.” Coriaty also failed to respond to requests from Durr and her associates for statements for the Advest account. Raising the loss amount did not properly present the restitution issue to the district court. Coriaty, 2001 WL 1910843 at *1. Coriaty was indicted for conspiracy “to commit wire fraud and securities fraud,” but was convicted only of conspiracy to commit wire fraud. These funds were eventually placed in an account at a firm now known as FFP Securities. The remaining $258,000 in the Roman Capital account was lost through what the government terms “wildly unsuccessful” stock market investments. During the course of the fraud, Coriaty was managing trading on the funds in the FFP account.
His argument also implicitly rests on the premise that it is impossible to determine how to allocate the loss that occurred in the FFP account resulting from trading activity under the defendant’s management. Appellant’s Br. at 26, 28. Before sentencing, Coriaty sent the district court a letter requesting a downward departure based on family circumstances. This money, he reasons, was never a “loss” for Durr. Приобрести наш товар в розницу, Вы можете в ветеринарных клиниках и сетевых магазинах:. Indictment at ¶ 7. Coriaty is therefore responsible for all losses his conspiracy caused, including the funds lost through trading on the FFP account.
Coriaty bears sole responsibility for the commingling of funds he legitimately controlled with funds he improperly transferred. The conclusions we draw do not depend, however, on the precision of the numbers.3. The record does not disclose precisely how much money was lost through securities trading in the FFP account during the course of the fraud. United States v. Walsh, 119 F.3d 115, 121 (2d Cir.1997).VI. The Downward Departure for Family Circumstances Coriaty argues that “it was an abuse of discretion not to depart downward” based on evidence that his daughter would suffer “life-long emotional trauma” because of his imprisonment. Гермосан Форте действует губительно на бактерии (включая микобактерии туберкулеза и споровые формы бактерий), вирусы, грибы. Биолайт Концентрированное щелочное моющее средство Бромосепт-50 Высококонцентрированное дезинфицирующее средство.