United States v. Vasquez
2012 U.S. App. LEXIS 5090
| 7th Cir. | 2012Background
- Vasquez aided undocumented immigrants in filing Illinois unemployment benefits claims for about seven years, charging $80 per application.
- Claimants provided stolen or illicit social security numbers; Vasquez and an IDES employee processed applications as if claimants were U.S. citizens.
- Vasquez recruited helpers, including Barajas, and received the second benefit check from each claimant as payment.
- After benefits were approved, Vasquez used Tele-Serve to certify ongoing eligibility, creating a PIN linked to each claimant.
- IDES employee Snell input data and sometimes marked citizenship as yes; Vasquez ceased involvement after Snell’s promotion in 2007.
- Vasquez was convicted on eight counts of mail fraud; the PSR applied four sentencing enhancements, and Vasquez challenged three on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the organizer/leader enhancement proper? | Vasquez exercised control over participants and recruited others, satisfying § 3B1.1(a). | Vasquez did not supervise or organize others; distinguishable from Reneslacis. | No plain error; district court properly applied the enhancement. |
| Does the PIN constitute an additional means of identification under § 2B1.1(b)(10)(C)(i)? | PINs are means of identification linked to actual claimants via their SSNs. | PINs do not identify an actual individual other than the claimant. | PINs qualify as an other means of identification; enhancement upheld. |
| Should the victims be counted as fifty or more for the § 2B1.1(b)(2)(B) enhancement? | Approximately 72 claimants used unlawfully obtained SSNs; many victims. | Only nine mail-fraud counts; only nine victims identified per counts. | All victims in the scheme may be considered; enhancement upheld. |
Key Cases Cited
- United States v. Reneslacis, 349 F.3d 412 (7th Cir.2003) (leader/organizer analysis varies by control over others)
- United States v. Knox, 624 F.3d 865 (7th Cir.2010) (role in planning/organizing controls § 3B1.1 analysis)
- United States v. Mendoza, 576 F.3d 711 (7th Cir.2009) (central concern is relative responsibility for offense)
- United States v. Boone, 628 F.3d 927 (7th Cir.2010) (mailing in furtherance of scheme confirms jurisdiction; victims scope)
- United States v. Newsome, 439 F.3d 181 (3d Cir.2006) (hybrid means of identification can trigger § 2B1.1(b)(10) enhancement)
- United States v. Melendrez, 389 F.3d 829 (9th Cir.2004) (link between PIN, SSN, and victim remains)