United States v. Shah, No. 10-1184 (7th Cir. 2011)
Annotate this CaseDefendant was sole owner of a corporation that was a contractor for several Illinois governmental entities. After an audit disclosed irregularities and falsified documents, defendant pled guilty to two counts of mail fraud and one count of submitting false documents; the corporation pled guilty to one count of mail fraud (18 U.S.C. 1001, 1341). Sentences included restitution of $10 million. The Seventh Circuit affirmed, rejecting a claim that defendants were entitled to a "full, dollar-for-dollar credit for the value of the monies and securities" deposited with the Clerk of Court at the time of their deposit, pre-judgment, and that the diminution in value of those securities after their deposit could not be attributed to defendants. Neither the court, the clerk, nor the government exercised authority to remove the funds or securities before sentencing and entry of judgment. Defendant chose to deposit securities, rather than cash, and the deposit did not constitute actual payment of restitution, but only security for eventual payment.
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