United States v. Johnson

964 F.2d 124 (1992)

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Nature of the Case

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Facts

Purvis, a payroll clerk at a V.A. Hospital, told her co-worker Cynthia Johnson (D) and two others about a scheme Purvis had concocted to steal money by inflating paychecks. By writing pay increases for herself and others by using the correct social security number but a fictitious name with the correct first three letters of the last name, Purvis was able to secure inflated paychecks. D and the others accepted Purvis's offer to inflate their paychecks. D began offering the same to other hospital employees. In return, Purvis and D received fifty percent kickbacks from the employees whose paychecks they inflated. In all, fifteen employees participated in the scheme, receiving a total of approximately $89,222. Ds were charged them with stealing money from the government in violation of 18 U.S.C. § 641 (1988). The indictment added a charge of bribery in violation of 18 U.S.C. § 201 (1988). Ds were convicted on all counts except one that had been dismissed upon consent. The judge calculated D's sentence as follows. The base offense level for the bribery was ten. Two levels were added because Johnson committed more than one bribe. Five levels were added because the total amount of the bribes exceeded $40,000. Four more levels were added for Johnson's role as an organizer of the criminal activity and added two levels for obstruction of justice. These adjustments increased the offense level by thirteen levels, from ten to twenty-three. Because D's crime, 'more closely resembled theft than bribery,' the court subtracted two levels. The court deducted one more level because the proceeds of the crime were divided with Purvis. D is a single mother. Her [institutionalized] daughter, age 21 is the mother of a six-year-old child who currently resides with D. Also, residing with the D is her son, Lamont, and two children aged six and five, as well as her youngest child, who is five months old. The father of this child is unemployed and resides in Queens, New York. There are no signs of use [of] drugs or alcohol, and she apparently has no mental or emotional health problems. Concluding that Johnson was solely responsible for the upbringing of four young children, the judge deducted ten levels. Thus, a total downward departure of thirteen levels yielded a final offense level of ten. The court sentenced Johnson to six months of home detention, followed by three years of supervised release, and restitution of $27,973. The State appealed.