United States v. Thomas Parenteau

529 F. App'x 532
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 27, 2013
Docket12-3176
StatusUnpublished
Cited by2 cases

This text of 529 F. App'x 532 (United States v. Thomas Parenteau) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Thomas Parenteau, 529 F. App'x 532 (6th Cir. 2013).

Opinion

KETHLEDGE, Circuit Judge.

After a seven-week trial, a federal jury convicted Thomas Parenteau of money laundering and conspiracies to commit tax fraud, bank and wire fraud, money laundering, and obstruction of justice. Paren-teau now appeals his conviction, claiming prosecutorial and judicial misconduct, violation of his right to self-representation, and his right against self-incrimination and wrongful introduction of evidence at trial. We affirm.

I.

Parenteau was a home builder in Dublin, Ohio. He owned a number of businesses with his wife, Marsha Parenteau. But Parenteau also had a girlfriend, Pamela McCarty; in 2001 he asked her to claim false deductions on her tax return. McCarty agreed and gave her unfiled return to Parenteau, who gave it to his accountant, Dennis Sartain. Sartain added to McCarty’s return a $402,597 loss, which resulted in a tax refund of almost $120,000. McCarty gave the refund to Parenteau so that he could become financially independent of Marsha and eventually divorce her. Parenteau, McCarty and Sartain repeated this same fraudulent scheme for the next three years, netting approximately $575,000 in refunds. McCarty continued to give Parenteau all of the refunds so that he could leave Marsha.

In 2003, Parenteau created a trust for the purpose of purchasing a home in Columbus, Ohio. He assigned McCarty as the trustee and purchased the home for $1.8 million. Later that year, Parenteau caused the trust to apply for a $5 million loan on the property. McCarty had lost her job that year, however, so Parenteau created a fictitious company to help McCarty secure the loan. Parenteau stated on the loan application that the company paid McCarty $70,000 per month. When a loan officer called to verify, Marsha lied about McCarty’s employment and income. (A district court sentenced Marsha to 33 months’ imprisonment for her participation in this scheme. See United States v. Parenteau, 506 Fed.Appx. 430 (6th Cir.2012). Why Marsha chose to participate is beyond the record here.) McCarty received that loan in 2004 and again gave Parenteau the proceeds. Less than two years later, Parenteau and Marsha applied for a $10 million loan — claiming that they made $2.1 million annually— so that they could buy the Columbus home from McCarty for $15.5 million. Eventually, a bank approved them for a $12 million loan and disbursed $9 million to Paren-teau.

*534 Parenteau also created a mortgage-fraud scheme involving homes that he built. Parenteau would sell homes to buyers at falsely inflated purchase prices and the buyers would obtain inflated loans. For their participation in the scheme, Par-enteau would give the buyers a kickback after the purchase. The buyers would then default on the loan. This scheme created approximately $20 million in fraudulent mortgage loans.

In 2005, the IRS began investigating McCarty’s tax returns. Parenteau and Sartain thereafter began shredding incriminating documents and creating new ones to validate the fraudulent schemes. Par-enteau also convinced McCarty to pretend to cooperate with the government’s investigation. She did so, providing false documents and telling lies to agents on 10 separate occasions.

On September 16, 2008, a federal grand jury indicted Parenteau and Sartain for obstruction of justice, witness tampering, and conspiring to defraud the United States, in violation of 18 U.S.C. §§ 1503, 1512, and 371, respectively. In June 2009 the grand jury issued a second superseding indictment that charged Parenteau with money laundering and conspiracies to commit tax fraud, bank and wire fraud, money laundering, and obstruction of justice, in violation of 18 U.S.C. §§ 1957, 371, 1349,1956(h), and 371, respectively.

On the first day of trial — May 10, 2010— Parenteau invoked his right to represent himself. After a seven-week trial, the jury returned a guilty verdict as to all but two of the money-laundering counts against Parenteau. The district court thereafter sentenced Parenteau to 264 months’ imprisonment. The court also ordered Par-enteau to pay restitution for the tax and mortgage frauds.

This appeal followed.

II.

A.

Parenteau first argues that he was denied due process because, he says, the prosecutor made disparaging comments about him. Parenteau objected to only two statements below, however, so we review those statements de novo and the rest for plain error. United States v. Henry, 545 F.3d 367, 376 (6th Cir.2008).

We will not overturn a verdict on grounds of prosecutorial misconduct “unless the [ ] misconduct is so pronounced and persistent that it permeated the entire atmosphere of the trial, or so gross as probably to prejudice the defendant.” United States v. Davis, 514 F.3d 596, 614 (6th Cir.2008) (citation and alterations omitted). None of the statements that Parenteau complains about here — for example, that “I’d ask [Parenteau] not to threaten this witness in any manner”— remotely meet this standard. At most, the transcript shows a number of impatient— and in some instances gratuitous — comments by the prosecutor in response to Parenteau’s failure to follow basic trial procedures during his self-representation. This claim fails.

So does Parenteau’s next due-process claim, which is that the district court was biased against him. Apart from complaining about the district court’s failure to “control” the prosecutor — a claim derivative of the one we have just rejected— Parenteau argues that the judge’s eviden-tiary rulings show bias against Parenteau. But “judicial rulings alone almost never constitute a valid basis for a bias or partiality motion.” Liteky v. United States, 510 U.S. 540, 555, 114 S.Ct. 1147, 127 L.Ed.2d 474 (1994). This case is no exception: the challenged rulings (which exclud *535 ed evidence on relevance grounds) were pedestrian.

Parenteau next argues that his due-process rights were violated when the district court denied him a continuance at various times during the trial, including after he invoked his right to represent himself. We review the district court’s denial of a motion for a continuance for an abuse of discretion. United States v. Crossley, 224 F.3d 847, 854 (6th Cir.2000).

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Related

United States v. Daniel Trevino
7 F.4th 414 (Sixth Circuit, 2021)
United States v. Thomas Parenteau
647 F. App'x 601 (Sixth Circuit, 2016)

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Bluebook (online)
529 F. App'x 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-thomas-parenteau-ca6-2013.