Bank Fraud Sentence of Five Years Affirmed

US v. Ratliff, 2010 WL 1645144 (10th Cir. 4/26/10) (unpub.) - The Court affirms a 60-month sentence imposed after defendant entered a guilty plea to one count of bank fraud. The two-level enhancement for abuse of a position of trust was proper because Defendant held a position in which she had authority to make substantial discretionary judgments for her employer, who was a victim of the bank fraud since his company was the true owner of the checks she converted to her own use. A two point enhancement for use of sophisticated means was appropriate in light of the sophistication of the defendant's overall scheme that included forging a bill of sale showing she owned the company and her establishment of a phony company bank account in her name. The district court appropriately found relevant conduct by a preponderance standard that included losses due to embezzlement and included amounts of all mishandled checks attributable to the defendant. In light of her false denial or frivolous dispute of relevant conduct, she was not entitled to a reduction for acceptance of responsibility.