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7th Circuit upholds $3M restitution order for copper theft

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The 7th Circuit Court of Appeals rejected a defendant’s argument that the court should go against its precedent that restitution is not a criminal penalty and that a recent U.S. Supreme Court holding means the jury should determine the amount of restitution he should pay for his role in copper theft.

Gregory Wolfe worked as a supervisor at Katoen Natie in Gary. The company packages and stores commodities including copper. Henry Bath LLC began storing its copper at the warehouse in early 2009. Wolfe and his stepfather, Gregory Harris, who was operations manager, began stealing sheets of copper and repackaging them to sell. This work was done before and after regular business hours.

An independent audit discovered the missing copper – approximately $2.9 million worth, totaling 390 metric tons. Harris and Wolfe were fired and charged with bank theft and interstate transportation of stolen goods. Wolfe argued at trial he had no knowledge of the theft scheme and was just following Harris’ orders. The government rebutted this defense with testimony by Wolfe’s sometimes girlfriend Ashby Gurgon.

Wolfe was convicted and sentenced to 88 months imprisonment on each count, to be served consecutively, followed by three-year terms of supervised release. The court also ordered him to pay more than $3 million in restitution.

In United States of America v. Gregory Wolfe, 11-3281, Wolfe argued that he was deprived of a fair trial because of statements the prosecutor made during closing argument. He also challenged his sentence and the restitution order.

Reviewing under plain error, the 7th Circuit found the prosecutor made improper remarks by credibility vouching for Gurgon, but Wolfe was not prejudiced or denied a fair trial.  The prosecutor did misstate trial testimony by saying “all the other witnesses” identified Wolfe on video, but Wolfe was unable to demonstrate that he was prejudiced by that remark.

The judges affirmed the 18-level increase to Wolfe’s sentence because the government was able to show the victim’s loss was at least $2.5 million. He argued that the value of the copper stolen in 2010 was less than that amount and he was unaware of any theft in 2009.

The 7th Circuit also affirmed the restitution order, refusing to find that Southern Union Co. v. United States, U.S. 132 S. Ct. 2344 (2012) requires the Circuit Court to overturn its longstanding jurisprudence that restitution is not a criminal penalty, and second, mandates that all restitution amounts be supported by the jury’s verdict, Judge William Bauer wrote. Southern Union and Apprendi v. New Jersey, 530 U.S. 466 (2000), only come into consideration if the court concludes restitution is a criminal penalty. Bauer noted that the 7th Circuit is in the minority among circuits by not finding restitution is a criminal penalty.

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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