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U.S. v. HOLIUSA

No. 92-3989.

13 F.3d 1043 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Richard S. HOLIUSA, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 5, 1994.

Attorney(s) appearing for the Case

Andrew B. Baker, Jr., Asst. U.S. Atty., Dyer, IN, for U.S.

Nathaniel Ruff, Lesniak & Ruff, East Chicago, IN, for defendant-appellant.

Before BAUER, MANION and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

This appeal raises the question of how "loss" should be calculated under Sentencing Guidelines section 2F1.1 in cases involving a "Ponzi" or pyramid scheme, when defendants have partially repaid fraudulently-obtained funds before detection of the scheme.

I.

Between January 1982 and April 1988, Richard Holiusa and his co-conspirators solicited investments in various companies, representing that they would reinvest...

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