United States v. Frantz Pierre
2016 U.S. App. LEXIS 10705
| 11th Cir. | 2016Background
- Three defendants (Frantz Pierre, Terry Pierre, Christmanie “Chris” Bissainthe) ran a sham tax-preparation operation "TaxProfessors" that filed fraudulent 2009 tax returns largely using identities of Florida prison inmates; IRS refunds (~$1.9M requested, majority paid) were loaded onto prepaid debit cards issued to TaxProfessors.
- Police stopped a vehicle for illegal window tinting, found TaxProfessors prepaid debit cards on Terry, and later executed a warrant at Frantz’s Parkland home recovering documents (SSNs, PINs), laptop, thumb drives, and TurboTax software.
- Evidence included vendor surveillance, bank records, PayCard USA testimony on card activation, inmate testimony denying authorization, and proof that Chris obtained inmate SSNs from a state employee for payment.
- Grand jury returned a 13-count indictment charging conspiracy to defraud the IRS, conspiracy/use of unauthorized access devices, aggravated identity theft (multiple counts), and possession of 15+ unauthorized access devices; jury convicted on all counts.
- Sentences: Frantz 208 months, Terry 121 months, Chris 84 months; district court applied vulnerable-victim enhancement (targeting inmates), production enhancement, loss > $1M, and denied minor-role reductions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of traffic stop & vehicle search | Government: stop lawful for illegal tinting; Terry consented to search | Frantz/Terry: stop was pretext for investigating Frantz; consent scope exceeded | Stop supported by probable cause; subjective motive irrelevant; Terry consented; suppression denied |
| Validity of residence search warrant | Government: affidavit accurately tied IP-originated filings to Parkland residence | Frantz: affidavit contained materially false IP information | No falsity shown; subsequent analysis confirmed affidavit; suppression denied |
| Sufficiency of evidence for conspiracy, access-device offenses, aggravated identity theft | Government: circumstantial and direct evidence (cards, surveillance, inmate IDs, admissions) proves knowledge and participation | Terry/Chris: insufficient proof of knowledge/willfulness | Evidence sufficient; convictions affirmed |
| Sentencing enhancements and calculations (vulnerable victim, production, loss, role) | Government: inmates were specially vulnerable; production occurred; intended loss > $1M; no minor-role entitlement | Defendants: challenge vulnerable-victim application, production double-counting, loss attribution, and seek minor-role | Court upheld two-level vulnerable-victim and production enhancements, denied minor-role reductions, and accepted intended-loss calculation; sentences reasonable |
Key Cases Cited
- United States v. Ramirez, 476 F.3d 1231 (11th Cir. 2007) (standard for reviewing denial of suppression)
- United States v. Taylor, 480 F.3d 1025 (11th Cir. 2007) (standard for sufficiency of evidence review)
- Whren v. United States, 517 U.S. 806 (U.S. 1996) (subjective officer motive irrelevant to objective probable cause for traffic stops)
- United States v. Gupta, 463 F.3d 1182 (11th Cir. 2006) (elements for conspiracy to defraud the United States)
- United States v. Klopf, 423 F.3d 1228 (11th Cir. 2005) (elements and intent-to-defraud for access-device offenses)
- United States v. Baldwin, 774 F.3d 711 (11th Cir. 2014) (knowledge that an identity belongs to a real person may be inferred)
- United States v. Bradley, 644 F.3d 1213 (11th Cir. 2011) (application of vulnerable-victim enhancement)