U.S. v. RUSHTON

No. 13-1343.

738 F.3d 854 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Brant L. RUSHTON, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 26, 2013.


Attorney(s) appearing for the Case

Joseph H. Hartzler , Attorney, Office of the United States Attorney, Springfield, IL, Darilynn J. Knauss , Attorney, Office of the United States Attorney, Peoria, IL, for Plaintiff-Appellee.

Lee Smith , Attorney, Hinshaw & Culbertson LLP, Peoria, IL, for Defendant-Appellant.

Before POSNER, SYKES, and HAMILTON, Circuit Judges.


POSNER, Circuit Judge.

A commodity pool is an investment fund made up of contributions by a number of different investors. The contributions are commingled and used by the commodity pool operator to buy and sell futures contracts. Because commodity pools are common vehicles for fraud, including Ponzi schemes, the Sentencing Commission has ordained a 4-level guidelines sentencing enhancement for fraud committed by a commodity pool operator. U.S.S.G. § 2B1.1(b...

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