United States v. Jason Dade
2015 U.S. App. LEXIS 9256
| 7th Cir. | 2015Background
- Dade, a former licensed real estate agent, pled guilty to one count of bank fraud for aiding fraudulent mortgage loan applications.
- Over four years, Dade and codefendants Ware, Chism, and Peters ran a mortgage-fraud scheme by supplying lenders with false documents and statements.
- Dade referred buyers to Ware and Chism, loan officers, and provided fake documents, including payroll stubs and fake company names.
- Dade refinanced his own property, falsely claiming rent of $1,450 with non-existent Jireh Development Corp. verification, securing a $156,000 loan.
- He faced two counts of bank fraud, one of wire fraud, and two of mail fraud; he pled guilty to one bank-fraud count, with other charges dismissed.
- The probation office and the government sought a 2-level (then 4-level) aggravating-role adjustment under § 3B1.1; district court imposed 2 levels.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 3B1.1(c) applied as an aggravating role | Dade argues Weaver requires coercion/control over others. | Government contends Dade organized and coordinated the scheme, justifying the adjustment. | 2-level upward adjustment appropriate; not clearly erroneous. |
Key Cases Cited
- United States v. Weaver, 716 F.3d 439 (7th Cir. 2013) (coercion is one factor in assessing relative culpability under § 3B1.1)
- United States v. Rosen, 726 F.3d 1017 (7th Cir. 2013) (organizing others for the purpose of carrying out the crime fits § 3B1.1)
- United States v. Vasquez, 673 F.3d 680 (7th Cir. 2012) (aggravating role considerations in § 3B1.1)
- United States v. Knox, 624 F.3d 865 (7th Cir. 2010) (degree of control and authority factors in § 3B1.1 app. n.4)
- United States v. Skoczen, 405 F.3d 537 (7th Cir. 2005) (influence by coordinating criminal activity supports § 3B1.1(c))
- United States v. Robertson, 662 F.3d 871 (7th Cir. 2011) (support for applying § 3B1.1 where defendants organize an offense)
- United States v. Watts, 535 F.3d 650 (7th Cir. 2008) (upholding § 3B1.1(c) based on recruitment and leadership roles)