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United Statesv.George R. Cavallo, Paula L. Hornberger, and Joel A. Streinz

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.12-15660
DecidedJune 22, 2015
JudgesCircuit Judges Julie E. Carnes and Tjoflat, and District Judge Kristi K. DuBose sitting by designation; Judge Julie E. Carnes authored
Tags
CriminalCriminal LawCriminal ProcedureFraudSixth AmendmentRight to CounselJuror MisconductEvidenceSentencing GuidelinesRestitutionReversalVacaturRemand
Case Summary

George Cavallo, Paula Hornberger, and Joel Streinz were tried for a mortgage-fraud conspiracy involving more than 30 properties and over $13 million in claimed lender losses. Cavallo and Hornberger were convicted of conspiracy and false statements to an FDIC-insured bank; Streinz was convicted of conspiracy. The Eleventh Circuit held that Streinz’s Sixth Amendment right to counsel was violated when the district court barred him from consulting his lawyer during three days of testimony, including overnight recesses, and it remanded for a new trial. The court rejected Cavallo and Hornberger’s challenges based on alleged grand-jury misconduct and post-trial juror contact, holding that the district court properly excluded information obtained in violation of a local rule restricting unauthorized juror interviews. It also affirmed Cavallo’s substantive false-statements conviction because the evidence supported his knowledge and intent to influence Washington Mutual through a mortgage broker. The court upheld Cavallo’s 120-month sentence and its loss calculation, including relevant conduct tied to acquitted or uncharged properties. But it vacated the restitution orders because the district court used gross loan amounts rather than actual loss after crediting collateral value, and remanded for a corrected award.

Opinion

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