United States v. Lori Bradshaw
2012 U.S. App. LEXIS 3457
| 7th Cir. | 2012Background
- Bradshaw embezzled over $240,000 across three Chicago-area employers via personal charges on corporate cards, fake invoices, and deposited company checks into her account.
- She pleaded guilty to one count of wire fraud and reserved the right to challenge a § 3B1.3 abuse-of-trust enhancement.
- The PSR recommended applying § 3B1.3, and the district court adopted it, yielding a 27–33 month guideline range and a 27-month sentence.
- Company A entrusted Bradshaw with a corporate credit card and broad responsibilities, including opening a new office, with little oversight.
- Company B gave Bradshaw a corporate card and access to a vice-president’s email to approve her own invoices, facilitating the fraud; Bradshaw also committed misconduct at Company C with stolen checks.
- Bradshaw argued § 3B1.3 applies only to fiduciaries with substantial discretion; the district court rejected this, focusing on the trust placed in her by employers and the surrounding circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bradshaw occupied a position of trust for § 3B1.3 | Bradshaw held limited authority, akin to an ordinary secretary. | Bradshaw’s roles and relationships placed more than ordinary trust in her integrity. | Yes; she occupied a position of trust under § 3B1.3. |
| Whether the district court’s findings support the enhancement despite close circumstances | Court should not apply enhancement given marginal discretion. | Findings about employer reliance justify enhancement. | District court’s findings not clearly erroneous; enhancement affirmed. |
| Scope of standard of review for § 3B1.3 determinations | Review should be de novo for statutory interpretation and clear error for facts. | Apply de novo to legal questions, clear-error to facts. | Standard applied as specified; no clear error. |
Key Cases Cited
- United States v. Cruz, 317 F.3d 763 (7th Cir. 2003) (upheld § 3B1.3 where employee held position of trust through special reliance)
- United States v. Fuchs, 635 F.3d 929 (7th Cir. 2011) (trust and reliance, not mere titles, justify § 3B1.3)
- United States v. Tiojanco, 286 F.3d 1019 (7th Cir. 2002) (hotel clerk with discretionary authority held trust position)
- United States v. Hernandez, 231 F.3d 1087 (7th Cir. 2000) (staff accountant with access and trust; held position of trust)
- United States v. Thomas, 510 F.3d 714 (7th Cir. 2007) (standard for review of § 3B1.3 factual findings)