United States v. Sabbeth

Following a jury trial, defendant-appellant was convicted in the United States District Court for the Eastern District of New York (Denis R. Hurley, Judge) of conspiracy to commit bankruptcy fraud, in violation of 18 U.S.C. � 371; bankruptcy fraud, in violation of 18 U.S.C. � 152(7); making false oaths in relation to a bankruptcy proceeding, in violation of 18 U.S.C. � 152(2); and money laundering, in violation of 18 U.S.C. � 1956(a)(1)(A)(i). On appeal, defendant-appellant challenges his conviction and sentence by arguing that (1) the District Court applied an erroneous definition of “property of . . . [a] corporation” under 18 U.S.C. � 152(7); (2) the District Court applied an erroneous definition of “fraudulently” for purposes of the false-oath counts; (3) the indictment was defective with respect to the money-laundering count because it failed to include “an effect on interstate commerce” as an element of the offense; (4) the District Court should have calculated his sentence for the money-laundering count by using the provision of the Sentencing Guidelines applicable to fraud rather than the provision applicable to money laundering; and (5) the District Court should have grouped his fraud and money laundering offenses under Section 3D1.2(b) of the Sentencing Guidelines.

Affirmed.