United States v. Arnold (Richard Sr.)

Richard Arnold, Sr., his wife Robyn, and his sons Ricky and Robert, devised a scheme to defraud individuals out of rebates paid to them when they purchased new vehicles. The Arnolds persuaded the victims to turn their rebates over to a charitable trust by falsely representing they would manage the trust to pay off the victims’ car loans. Although the Arnolds made some loan payments from the trust, they eventually stopped and used the remaining rebate funds for their own personal expenses. The victims then either took over the loan payments or relinquished the vehicles to the lenders. The indictment notified Richard Arnold, Sr. of the Government’s intent to seek forfeiture of “a money judgment in an amount equal to the proceeds obtained as a result of the offenses.” Arnold, Sr. appealed the district court’s forfeiture order arguing the district court erred by: (1) imposing an order of forfeiture after sentencing; and (2) failing to require the Government to use forfeited proceeds to offset the restitution Arnold owed his victims, which would lower the total amount of restitution and forfeiture he is required to pay. Finding no reversible error, the Tenth Circuit affirmed the forfeiture order. View "United States v. Arnold (Richard Sr.)" on Justia Law