United States v Zander

Zander appealed his wire and mail fraud convictions and his sentence including a restitution order. The panel affirmed the convictions and reversed and remanded his sentence. It held that Zander knew that monies from the federal government would be mailed in some instances and transferred by wire in others and thus his fraudulent acts set in motion the ultimate use of the mail or wires in support of his scheme to deceive. Thus, the evidence was sufficient to convict him. The sentence was reversed as the district court improperly included ass losses monies which were not proximately caused by Zander’s fraud.