203559P.pdf   04/27/2022  United States  v.  Marcin Garbacz
   U.S. Court of Appeals Case No:  20-3559
   U.S. District Court for the District of South Dakota - Western   
   [PUBLISHED] [Gruender, Author, with Smith, Chief Judge, and Kobes, Circuit 
   Judge] 
   Criminal case - Criminal law. Defendant's credit-union deposits of stolen 
   cash furthered the scheme, and the district court did not plainly err in 
   failing to sua sponte overturn the jury's finding that defendant's cash 
   deposits furthered the scheme; however,the district court did plainly err 
   in upholding the wire fraud convictions on three counts which involved 
   electronic transfer of funds rather than cash deposits, as the transfers 
   occurred after the cash deposits, and these transfers did not further a 
   fraudulent scheme; there was sufficient evidence to show that the cash 
   deposited in the credit union accounts was stolen; defendant's conviction 
   for transporting stolen money was supported by sufficient evidence such 
   that a reasonable jury could find that the money transported was stolen 
   money and not defendant's legitimate income; defendant's convictions for 
   money laundering were supported by sufficient evidence, as was his 
   conviction for filing a false tax return; two statutes were properly 
   forfeited as the preponderance of the evidence showed they were purchased 
   with funds traceable to defendant's wire fraud; restitution order 
   affirmed; while the court has reversed defendant's convictions for wire 
   fraud on three counts, a remand for resentencing is not necessary as the 
   sentences for those counts were concurrent to defendant's other counts of 
   conviction; even without the three counts, it was not clear error for the 
   court to find that defendant used sophisticated means to to commit the 
   crimes.