UNITED STATES V. McCASKILL
202 Fed.Appx. 70 (6th Cir. 2006)
NATURE OF THE CASE: McCaskill (D) was convicted of conspiracy, wire fraud, and possession
of forged securities. The United States District Court sentenced defendant to 188 months of
imprisonment. D appealed his conviction and sentence.
FACTS: Hoberg sought private financing to build a mill. He sought out the services of
Richard Sclar, paying Sclar $2,500 to secure financing for a mill expected to cost about
$3,500,000. When Sclar left the country having failed to procure the financing, Sclar's
ex-wife, Sheila Greenspan offered to help Hoberg obtain an insurance binder that could be
used by Hoberg to obtain funding from a local bank or finance company. Hoberg acceded to
Greenspan's offer of assistance. Greenspan contacted Jay Elbel who stated he was the
attorney for Nigella Insurance Company whose president was Dan Cimini. Elbel informed
Greenspan that Nigella could handle the bonding, or insurance guarantee, for Hoberg's
project. Because Nigella was not a double-- or triple--A rated insurer, Greenspan was told
that a major insurance company would have to reinsure, or provide an insurance wrap, for
Nigella's policy. The initial binder price for the bond and the insurance wrap was $35,000,
or 1% of the targeted financing amount. The ultimate cost of the bond was to be 10% percent
of the loan. Nigella was a sham company created by D an insurance businessman. D learned
that Greenspan was interested in obtaining financing and contacted Ardeana Vance of A-Vance
Insurance Agency in Detroit, Michigan. Vance was purportedly a licensed insurance broker who
could write the policy and secure the necessary wrap from a major insurer such as Kemper or
Western Surety Insurance Company. Greenspan thereafter received correspondence on A-Vance
Insurance Agency's letterhead, informing her about efforts to obtain the insurance wrap and
instructing her to send Hoberg's $35,000 binder to MC&D Service Company. Hoberg wired the
money as instructed. Hoberg's deposit was never returned to him even though no bond was ever
issued and no financing was ever obtained. Instead, Hoberg's $35,000 was split between
McCaskill ($10,000), Vance ($10,000), Cimini ($10,000) and Elbel ($5,000). All four were
indicted in a 32-count indictment. The charges against Vance were dismissed before trial.
Cimini entered into a plea agreement with the government, and Elbel was placed in a pretrial
diversion program. D went to trial. D was found guilty on three counts. D represented
himself at trial, although an attorney was appointed to assist D as needed. D was sentenced
to 60-month consecutive terms of imprisonment on Counts One and Twenty-five and a 68-month
term of imprisonment on Count Thirty-two, for a total custodial sentence of 188 months, a
bottom-of-the-guidelines sentence. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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