Tuesday, April 28, 2015

Restitution, Sentence Affirmed for Fraudulent Coin Dealer

US v. Burg, Docket No. 14-1211 (10th Cir. April 1, 2015) (unpublished). The Tenth affirms the 90-month sentence and $2,464,099 restitution order for a self-proclaimed "Christian coin dealer" who said on his website "My motto is 'honesty and fairness' and you can't ask for more." Amazingly, the 41 people who ordered from him expected to receive coins. He took the money but generally failed to provide the coins. He also did not file tax returns (well, in a few years he filed the documents, but with zeros in all the spaces, so the IRS considered them to not be filed). The district court was unsympathetic to his claims of poor health and expressions of remorse, and sentenced him to the 78 months for the fraud and 12 months consecutive for the tax counts, resulting in 90 months total.