Second Circuit: U.S. v. Rivernider

FRCrimP, Crim, Fraud, White Collar, Sentencing


No abuse of discretion in denial of permission to withdraw guilty plea, given signed admissions and extensive colloquy. 

Mens rea for the fraud was intentionally withholding information, not the desire to harm the victims.

Where claims of counsel conflict are conclusory, there is no right to new counsel for the filing of a motion to withdraw the guilty plea.

In sentencing, court appropriately considered all loans to be tainted by the fraudulent operation, despite the lack of explicit linkage of fraud to each of the loans.

Sentencing generally affirmed.

U.S. v. Rivernider