FARGO, North Dakota — The 8th U.S. Circuit Court of Appeals on Friday upheld the sentence of a Canadian man convicted in what witnesses called one of the largest credit card schemes in U.S. history.
But the three-judge panel vacated the restitution orders given to Adekunle Adetiloye, telling the district court it must allow parties to present additional evidence before deciding on the amounts owed.
The appeals court judges said that "despite the government's failure to produce documentation with the required specificity and reliability, the district court should have postponed the restitution proceedings to allow for the gathering and presentation of additional evidence."
Adetiloye pleaded guilty to mail fraud and was sentenced to 18 years in prison. Authorities said he stole the identities of about 38,000 people and bilked companies out of about $1.5 million.
Adetiloye claimed in an appeal to the district court that his sentence was unfair because he was labeled the leader of the conspiracy. He said he was a mid-level player in the operation.
The appeals court judges disagreed.
"The nature of Adetiloye's scheme was sophisticated and large in scope. He did not comply with court orders, tried to obfuscate the prosecution despite pleading guilty, and generally showed a lack of remorse," the judges wrote.