United States v. Rouse, Donna June

168 F.3d 1371, 335 U.S. App. D.C. 71, 1999 U.S. App. LEXIS 4845, 1999 WL 152464
CourtCourt of Appeals for the D.C. Circuit
DecidedMarch 23, 1999
Docket97-3134
StatusPublished
Cited by7 cases

This text of 168 F.3d 1371 (United States v. Rouse, Donna June) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Rouse, Donna June, 168 F.3d 1371, 335 U.S. App. D.C. 71, 1999 U.S. App. LEXIS 4845, 1999 WL 152464 (D.C. Cir. 1999).

Opinion

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Following her conviction on nine counts of fraud and 11 counts of money laundering, appellant moved for a new trial based. on what she claimed to be “newly discovered” evidence that her co-defendant had abused her physically, sexually, and emotionally. She argued that she became able to admit the abuse only after undergoing posttrial counseling and that the abuse precluded her from having the requisite criminal intent. Relying on this history of abuse, appellant also requested a downward departure in sentencing on grounds of diminished mental capacity, duress, and coercion. Mindful of the deferential standard of review applicable to district court credibility determinations, we affirm the district court’s rejection of these and other claims.

I

A federal grand jury indicted appellant Donna Rouse, as well as Pamela Glascoe and Richard Gartmon, on charges of interstate transportation of securities obtained by fraud, 18 U.S.C. § 2314 (1994), and money laundering, id. § 1956(a)(1). Rouse and Gartmon proceeded to trial, while Glascoe pled guilty and testified for the government. Rouse and Gartmon were convicted and sentenced to prison for 57 months and 120 months, respectively. In a separate appeal, we affirmed Gartmon’s conviction and sentence. See United States v. Gartmon, 146 F.3d 1015 (D.C.Cir.1998).

The indictments arose from a scheme to defraud the George Washington University Health Plan of over $450,000. Glascoe, a secretary in the Health Plan’s marketing and sales department, prepared check requests authorizing sponsorships of local events and programs as well as payments to vendors for services purchased by the Health Plan. Upon approval by Health Plan executives, check's were issued by the finance department. Glascoe had no authority to approve or sign check requests.

Glascoe and Gartmon began dating in November 1994. At Gartmon’s request, Glascoe *1373 soon began submitting check requests for fictitious sponsorships. She gave the issued checks to Gartmon. Because Health Plan employees knew that Glaseoe was dating Gartmon, she never requested checks in his name. Instead, Gartmon gave her the names of three women to use on the checks. One was Donna Rouse, another Gartmon girlfriend.

On January 11, 1995,' Glaseoe created a request for a $5,500 check to Rouse for sponsorship of a fictitious “clean air challenge.” The Health Plan issued the cheek, Glaseoe gave it to Gartmon, and Rouse endorsed it, deposited it in her personal bank account, and received $1,000 cash back from the teller. Glaseoe never met or spoke to Rouse. Rouse never organized any events featuring the Health Plan as a sponsor.

Glaseoe also submitted fraudulent invoices for services from a printing company owned by one of Gartmon’s friends. Eight, times between January and March 1995, Glaseoe typed up invoices and corresponding check requests, each time naming Rouse as payee. Glaseoe also drafted phony contracts to support the invoices. Ranging from $16,800 to $84,600, the eight checks totaled $438,000. Rouse personally endorsed and deposited six of the eight checks into her checking account. Using a deposit slip for Rouse’s account, Gartmon’s cousin deposited the seventh. It was unclear who deposited the eighth. During this time, Rouse opened a money market account, depositing large sums there as well.

Rouse never performed any printing services, nor was she ever employed by the printing company. Searching Rouse’s home, the police found a phony civil complaint signed by Rouse, which alleged that the Health Plan had failed to fulfill a contract for printing services. The complaint falsely claimed that Rouse was vice-president of the printing company and that the company had printed materials for the Health Plan.

Rouse gave Gartmon most of the money from the fraudulently obtained checks, although she never wrote checks from her accounts in his name. Instead, knowing that the money was for Gartmon, she wrote checks and obtained cashier’s cheeks payable to Gartmon’s other girlfriends, his friends, and various businesses. Gartmon used the money to make and repay loans and to buy three sports cars, a hair salon, and a jacuzzi and gazebo for his house. In all, Rouse gave Gartmon’s surrogates 11 checks ranging from $3,000 to $23,000. These checks totaled $140,000.

After a jury convicted Rouse on nine counts of criminal fraud and 11 counts of money laundering, she filed three posttrial motions that are now at issue in this appeal. First, she moved for acquittal notwithstanding the verdict, claiming that the evidence was insufficient to support the verdict. The district court denied the motion. Second, eight months after her conviction, she moved for a new trial based on “newly discovered” evidence that she had suffered “battered woman’s syndrome” during her 14-year relationship with Gartmon. According to Rouse, that syndrome precluded her from having the requisite criminal intent under the fraud and money laundering statutes. Despite a psychiatrist’s testimony that Rouse had endured severe sexual, physical, and emotional abuse by Gartmon during the time of her criminal conduct, the district court determined that the abuse was not “newly discovered” and refused to order a new trial. Finally, Rouse requested a downward departure from the applicable sentencing guidelines based on diminished mental capacity and coercion or duress. Following an evidentiary hearing in which Rouse testified for the first time, the district court found her claims not credible and sentenced her to a 57-month prison term, the maximum sentence under the guidelines. We consider each of the district court’s rulings in turn.

II

We begin with Rouse’s claim of evidence insufficiency. Challenging the fraud counts, Rouse argues that the government failed to prove that she knew the cheeks she endorsed or deposited were obtained by fraud. According to Rouse, while the evidence showed that Glaseoe and Gartmon colluded in the fraud, it failed to show that either Glaseoe or Gartmon told Rouse the source of the checks. *1374 Rouse further argues that even if the evidence showed that she had the requisite knowledge by the end of the scheme; it failed to show that she knew of the fraud at the time each cheek was transferred to her, as the fraud statute requires. See 18 U.S.C. § 2314. With respect to the money laundering counts, Rouse argues that the government failed to prove that she knew that the money she gave Gartmon was obtained illegally or that her purpose in writing the checks was to conceal Gartmon’s ownership or control of the money. See id. § 1956(a)(1). Overall, Rouse’s theory is that she was an unknowing victim of Gartmon’s schemes and deceits.

In assessing claims of evidence insufficiency, we view the evidence in the light most favorable to the government, drawing all reasonable inferences in the government’s favor.

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Bluebook (online)
168 F.3d 1371, 335 U.S. App. D.C. 71, 1999 U.S. App. LEXIS 4845, 1999 WL 152464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-rouse-donna-june-cadc-1999.