United States v. Anthony Fareri
712 F.3d 593
D.C. Cir.2013Background
- Fareri defrauded clients by inflating shell-company stock prices, totaling over $3 million in losses.
- He pled guilty to one count of mail fraud and was sentenced to 8 years and 9 months with restitution.
- The district court imposed a two-level enhancement for vulnerable victims at sentencing.
- Fareri challenges the vulnerable-victim enhancement, raises ineffective-assistance claims, and seeks restitution adjustments.
- The court remands for (i) consideration of the ineffective-assistance claim, (ii) correction of restitution to total $3,646,747.83, and affirms the sentence but with remand on specifics.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Vulnerable victim enhancement proper? | Fareri contends improper application | Government contends proper application | Upheld the enhancement under deferential review. |
| Ineffective-assistance claim on direct appeal—remand required? | Trial counsel errors affected plea and loss calculation | Remand appropriate for factual development | Remanded for district-court consideration. |
| Restitution amounts incorrect in judgment? | N/A | N/A | Remanded to correct per-victim amounts to total $3,646,747.83. |
Key Cases Cited
- United States v. Henry, 557 F.3d 642 (D.C. Cir. 2009) (deference in applying vulnerable victim enhancement)
- United States v. Anderson, 440 F.3d 1013 (8th Cir. 2006) (affirming application of vulnerable victim enhancement based on victim characteristics)
- United States v. Rashad, 331 F.3d 908 (D.C. Cir. 2003) (ineffective-assistance claims on direct appeal require remand for factual development)
- United States v. Love, 593 F.3d 1 (D.C. Cir. 2010) (controlling total restitution amount in sentencing)