United States v. Madeline Rodgers

631 F. App'x 912
Court of Appeals for the Eleventh Circuit·Decided December 11, 2015·No. 15-10248·Unpublished·Cited by 1 cases

Opinion

PER CURIAM:

Madeline Rodgers appeals her sentence of 72 months of imprisonment and her convictions for one count of conspiring to commit bank and wire fraud, 18 U.S.C. §§ 2, 1349, and two counts of wire fraud that affected a financial institution, id. '§ 1343. Rodgers challenges the sufficiency of the evidence, the denial of a requested jury instruction, and the substantive reasonableness of her sentence. We affirm.

Viewed in the light most favorable to the government and the jury’s verdict, the evidence proved that Rodgers conspired with other persons, including Joel Zaldivar, Joaquin Medina, and Carlos Fonte, to defraud financial institutions by submitting false loan applications signed by Betsy Garcia, Michael Gaughan, and Michelle Gaughan. See id. § 1349; United States v. Martin, 803 F.3d 581, 588-89 (11th Cir.2015). Garcia, Michael, and Michelle testified that they obtained loans and participated in sham residential sales at Rodgers’s request; the loan applications they signed later were altered to overstate their incomes and assets and to include false employment information; Zaldivar, who did not speak to any of the applicants, misrepresented on the applications that he completed the forms using information conveyed to him during telephone interviews; and their applications contained letters prepared by Zaldivar falsely stating that Garcia and Michelle were employed by Medina and that Michael was employed by Lourdes Rodriguez.

A federal agent who examined real estate records, loan documents, and bank accounts prepared a chart that he used to explain how Rodgers and her cohorts profited from the three loan transactions. See Martin, 803 F.3d at 589. With respect to *914 the first loan, which CitiMortgage, Inc., issued for Garcia to purchase Michelle’s residence, the agent testified that Michelle used the $64,002.59 she received at closing to provide Rodgers a cashier’s check for $63,792.59. As to the second loan, in which Citibank,' N.A., disbursed $423,020.28 to Michael to purchase Fonte’s residence, the agent explained that Fonte supplied funds for a down payment by giving $45,000 to Rodgers, who gave $43,000 to Michael, who made a down payment of $41,325.25, and that Fonte received $88,074.62 and $52,451.43 at closing, which he shared with Rodgers by giving her a check for $5,000 and a cashier’s check for $25,000. With respect to the third loan, Citibank disbursed $483,616.94 to Michelle to purchase property from Fa-biola Llanes, who received $475,210.28 at closing and sent a cashier’s check for $106,000 to Fonte, who wrote three checks to Rodgers for $8,000, $8,500, and $7,575.

Bank records proved that Rodgers also paid her cohorts. Rodgers wrote a check for $1,300 to Medina before the fraudulent loan applications were submitted to the lenders. Rodgers added Garcia and Michael as signatories to her bank account and allowed Garcia to withdraw $9,200 from the account. And Rodgers gave Michelle a “gift” of $5,000.

Ample evidence proves that Rodgers and her coconspirators affected financial institutions by causing them to transfer loan proceeds using interstate wire transmissions. See 18 U.S.C. § 1343. Citi-Mortgage and Citibank disbursed more than $900,000 through wire transmissions based on the false loan applications submitted by the conspirators. Those disbursements “affected” Citibank, a federally insured financial institution, and its related lending company, CitiMortgage, because they “granted mortgages ... based on falsified representations of [Michael’s and Michelle’s] ability to repay, ... [which] increased [the] risk of loss [to the institutions] through default.” See Martin, 803 F.3d at 590.

Rodgers argues that she was entitled to an acquittal because none of the government witnesses identified her as the “Madeline Rodgers” involved in the conspiracy, but this argument fails. We have held repeatedly that a defendant does not have to be “pointed out” during trial to prove that she committed the offenses charged. United States v. Fern, 696 F.2d 1269, 1276 (11th Cir.1983); United States v. Darrell, 629 F.2d 1089, 1091 (5th Cir.1980); United States v. Vahalik, 606 F.2d 99, 100 (5th Cir.1979). The identity of a defendant can be established by circumstantial evidence. United States v. Cooper, 733 F.2d 91, 92 (11th Cir.1984).

The jury had before it at least two kinds of evidence connecting Rodgers to the conspiracy. First, the jury reasonably could have relied on Rodgers’s driver’s license, which the United States introduced into evidence, to identify Rodgers based on her photograph and to compare her signature with that of her namesake on the documents and checks generated by the conspiracy. Second, the jury reasonably could have inferred that Garcia, who was married to Rodgers’s brother, was referring to her sister-in-law when testifying about her relationship to and transactions with “Madeline Rodgers.”

Rodgers contends that we should vacate her convictions for a lack of identification as we did in Darrell, but in that case the government failed to provide any evidence to connect the defendant to a signature on a letter and bad checks used to prosecute him for mail fraud. 629 F.2d at 1090-91. Unlike in Darrell, “the evidence is sufficient to permit the inference that [Rodgers] was the person who committed the *915 crime[s]” of conspiracy and wire fraud. Id. at 1091.

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United States v. Madeline Rodgers, 631 F. App'x 912 (11th Cir. 2015).

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