USA v. CICCOLINI, LEXIS 120292 (N.D. OH 2010)
Judge Uses Creative Sentence of One Day and Restitution of $3,500,000 to Resolve Damage Caused by Embezzlement and Structuring.
This case presented the Court with a very unusual set of facts. On July 13, 2010, the United States filed an information charging Defendant Samuel Ciccolini with one count of structuring bank transactions to evade reporting requirements in violation of 31 U.S.C.5324(a)(3) and one count of making a false income tax return in violation of 26 U.S.C. 7206(1). On July 23, 2010, the Defendant pled guilty to both counts. On October 20, 2010, Defendant Ciccolini appeared before the Court for sentencing.
The Court found that Ciccolini had established a number of charities and after they became successful he embezzled over $3,000,000 which he deposited in cash in amounts under $10,000. The Court wrote a 10 page explanation of the sentence and ultimately sentenced the defendant to 1 day and restitution of $3,500,000 even though the crimes charged did not establish the loss.