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Thursday, July 8, 2010

UNITED STATES v. DOSEN, Case No. 09-20730-Cr-UU (S.D.Fl.)

Defendant attorney convicted of mortgage fraud. Government sought >$7M<$20M (63-78 months). Court found loss approximately $2.5M.

Sentencing preceded by defendant’s Motion for Production of Brady Material in Mitigation of Punishment which was denied as moot after production by government. However, it provided court with a preview of defendant’s “theory of sentencing.”

Defendant’s Motion for Downward Departure and Variance emphasized over-representation of loss and impact of intervening market conditions as well as parity in sentencing of codefendants.

Downward variance granted based on combination of §3553(a) sentencing factors. Defendant sentenced to 38 months. Restitution hearing deferred.

Defense Counsel: Benson Weintraub, Jayne Weintraub, Steve Potolsky.