Defendant 5--Randall Law

Law's objections were denied. The government's
objections were granted in part and denied in part and its upward
departure motion was denied. Based on a total offense level of
27 and Criminal History Category II, Law's sentencing guideline
range is 78-97 months.

Wire Fraud

2F1.1(a) Base offense level 6
2F1.1(b) (1) (P) over $10,000,000 15
F1.1(b) (2) more than minimal planning/one victim 2
3B1.1(c) role in the offense (supervisor) 2
3B1.3 abusing position of private trust 2

Total Offense Level 27

Defendant 6--Monica Iles

Tles's objections were denied and the government's
objections and upward departure motion regarding Iles were also
denied. Iles's total offense level and guideline range are
correctly calculated in her PSR, but misstated on some of the
pages. The following corrections should be made to Iles's PSR:
(a) the total offense level and sentencing range shown on
page 34, lines 1187-88 and page 37, lines 1256 and 1259 should
be corrected to reflect 27 and 78-97; (b) the fine range shown on
pages 35 and 37 should be corrected to be based on a 27 offense
level; and (c) the sentencing recommendation in the confidential
section should be modified to be based on the correct ranges.
Based on a total offense level of 27 and Criminal History

Category II, Iles's sentencing guideline range is 78-97 months.


History Category I, Benson's sentencing guideline range is i51-

188 months.

Wire Fraud

2F1.1(a) Base offense level

2F1.1(b) (1) (2) over $10,000,000

2F1.1(b) (2) more than minimal planning/one victim

2F1.1(b) (6) (B) more than $1,000,000 in personal receipts
affecting financial institution

3B1.1 (b) role in the offense (manager)

3B1.3 abusing position of private trust

3C1.1 obstruction of justice

Total Offense Level

Money Laundering

281.1 (a) (2) base offense level

281.1(b) (2) (J) over $10,000,000

3B1.1(b) role in the offense (manager)
3C1.1 obstruction of justice

Total Offense Level

Defendant 4--Robert Paladino

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Paladino's objections were granted in part and denied in

part and his downward departure motion was denied. The

government's objections and upward departure motion were denied.

Based on a total offense level of 27 and Criminal History
Category I, Paladino's sentencing guideline range is 70-87
months.

Wire Fraud

2F1.1(a) Base offense level

2F1.1(b) (1) (P) over $10,000,000

2F1.1(b) (2) more than minimal planning/one victim

2F1.1(b) (6) (B) more than $1,000,000 in personal receipts
affecting financial institution

3B1.2(b) role in the offense (minor participant)

Total Offense Level

Money Laundering

281.1(a) (2) base offense level
2S1.1(b) (2) (J) over $10,000,000
3B1.2(b) role in the offense (minor participant)

Total Offense Level

1 iN)
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Wire Fraud

2F1.1ta) Base offense level

2P1.1(b) (1) (P) over $10,000,000

2F1.1(b) (2) more than minimal planning/one victim
2F1.1(b) (3) (B) violating administrative order

3B1.3 abusing position of private trust

Total Offense Level

IT IS THEREFORE ORDERED that defendants Peitz’s [270],
Law's (268], and Iles's [269] objections and Peitz's pro se
supplemental objections are denied. Defendant Paladino's
objections [272] are granted in part and denied in part.
Defendant Paladino's downward departure motion [272] is
denied. Government's objections [271] are granted in part and
denied in part. Government's upward departure motions [271]
are denied. As stated herein, the probation officers shall

modify the presentence reports.

ENTER?

Within T Lot

UNITED STATES DISTRICT JUDGE

DATED: APRIL Li r 2003

S| B
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Minute Order Fotta (0697)

United States District Court, Northern District of Illinois

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N f Assigned Jud; Sitting Judge if Other
or Magistrate Judge | __ LLIAM T. HART than Assigned Judge
CASE NUMBER 01 CR 852-1,2,4,5,6 DATE APRIL 24, 2003
CASE UNITED STATES OF AMERICA v. FRANK L. PEITZ, et al.
TITLE
[in the following box (a) indicate the party filing the motion, e.g,, plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature
Motion: of the motion being presented. ]
DOCKET ENTRY:
qd) Oo Filed motion of [ use listing in “Motion” box above.]

Peitz's pro se supplemental objections are denied. Defendant Paladino's objections [272] are
granted in part and denied in part. Defendant Paladino's downward departure motion [272] is
denied. Government's objections [271] are granted in part and denied in part. Government's
upward departure motions [271] are denied. As stated herein, the probation officers shall
modify the presentence reports.

Brief in support of motion due _
Answer brief to motion due___. Reply to answer brief due .

Ruling/Hearing on set for at

Status hearing[held/continued to] [set for/re-set for] on setfor_ at

Pretrial conference[held/continued to] [set for/re-set for] on set for at

Trial[set for/re-set for] on at

[Bench/Jury trial] [Hearing] held/continued to at

This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]
OOFRCP4(m) ClLocal Rule 41.1 CUFRCP41(a)(1) [I FRCP41(a)(2).

[Other docket entry] Defendants Peitz's [270], Law's [268], and Iles's [269] objections and

[For further detail see order attached to the original minute order.]

No notices required, advised in open court.
No notices required.

| Notices mailed by judge’s staff.

Notified counsel by telephone.

Docketing to mail notices.

Mail AO 450 form.

11

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Copy to judge/magistrate judge. a
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courtroom Ze Hd 1S MEN Elda mates soce
deputy’s
initials MQM

central Clerk's Office mailing initials



IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

UNITED STATES OF AMERICA,
Plaintiff,

v. No. 01 CR 852-1, 2, 4, 5, 6
FRANK L. PEIT2, DANIEL B.
BENSON, ROBERT D. PALADINO,
RANDALL W. LAW, and

MONICA M. ILES,

Defendants.

7)
soy eMep

5 209,

MEMORANDUM OPINION AND ORDER

Defendants and the government filed objections to the
presentence reports ("PSR"), one defendant moved for a downward
departure, and the government moved for an upward departure as to
each defendant. Following an April 23, 2003 hearing on the
various motions, the court denied the departure motions and
granted in part some of the objections. Following these rulings,
the total offense level for each defendant based on U.S.S.G.

§ 2F1.1 (1997) (18 U.S.C. § 1343 wire fraud) and U.S.S.G. § 2S1.1
(1997) (18 U.S.C. § 1956(a) (1) (B) (i) money laundering) are as

follows.+ The probation officers shall make appropriate

*Some of the defendants also had money laundering
violations based on 18 U.S.C. § 1957 for which U.S.S.G. § 251.2
(1997) is the applicable guideline. Since the offense level
based on that offense is lower than the other two offenses and
there is no adjustment for grouping, it is unnecessary to

consider possible revisions to the total offense level for that
offense. A 67


modifications to the PSRs, including adjusting the fine ranges

and any other provision that depends on the total offense level.

Defendant _i--Frank Peitz

Peitz's objections were denied and the government's
objections and upward departure motion regarding Peitz were also
denied. Peitz's total offense levels and guideline range are
correctly stated in his PSR. Based on a total offense level of
35 and Criminal History Category I, Peitz's sentencing guideline
range is 168-210 months.

Wire Fraud

2F1.1(a) Base offense level 6
2F1.1(b) (1) (P) over $10,000,000 15
2F1.1(b) (2) more than minimal planning/one victim 2
2F1.1(b) (6) (B) more than $1,000,000 in personal receipts
affecting financial institution 4
3B1.1(a) role in the offense (leader) 4
3B1.3 abusing position of private trust 2
3C1.1 obstruction of justice _2
Total Offense Level 35
Money Laundering
2S81.1(a) (2) base offense level 20
281.1 (b) (2) (J) over $10,000,000 9
3B1.1(b) role in the offense (manager) 3
3c1.1 obstruction of justice 2
Total Offense Level 34

Defendant 2--Daniel Benson

Benson did not object to the calculations contained in
the PSR. The government's objections were granted in part and
denied in part, and its motion for upward departure was denied.
Additionally, the following correction should be made to Benson's
PSR: on page 16, line 581, the reference to 3B1.2 should instead

be 3B1.3. Based on a total offense level of 34 and Criminal