United States v. Rivera-Ortiz

Summary

The First Circuit affirmed convictions for false statements under 18 U.S.C. § 1001, theft of government property under 18 U.S.C. § 641, and failure to disclose under 42 U.S.C. § 408(a)(4), holding that sufficient evidence supported the jury's finding that the defendant knowingly concealed union work and volunteer activities on benefits forms. The court upheld the exclusion of evidence that government agencies failed to prevent the fraud, as its probative value was substantially outweighed by the risk of juror confusion under Federal Rule of Evidence 403. For sentencing, the loss calculation under U.S.S.G. § 2B1.1 using total benefits paid was reasonable, with the defendant failing to meet his burden to show legitimate portions, and restitution under the Mandatory Victims Restitution Act was properly limited to actual losses supported by the record.

Holdings

1. The evidence was sufficient to support the convictions on all five counts. The jury could infer knowledge from Rivera's experience and warnings, and materiality was established because reporting work activity could affect benefits.
2. The district court did not abuse its discretion in granting the government's motion in limine to exclude evidence that USPS, OWCP, or SSA were at fault for failing to prevent the fraud.
3. The district court did not err in calculating the loss amount as the face value of all benefits paid, and the 14-point enhancement was proper.
4. The restitution amount of $4,139.80 to SSA was proper, and the district court did not abuse its discretion.

Questions Presented

1. Whether there was sufficient evidence to support the convictions on all five counts.
2. Whether the district court abused its discretion in granting the government's motion in limine to exclude evidence of agency fault.
3. Whether the district court erred in the loss calculation under the Sentencing Guidelines.
4. Whether the restitution amount was proper.

Disposition

affirmed