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[Download] "United States v. Frost" by Seventh Circuit U.S. Court of Appeals # eBook PDF Kindle ePub Free

United States v. Frost

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eBook details

  • Title: United States v. Frost
  • Author : Seventh Circuit U.S. Court of Appeals
  • Release Date : January 21, 2002
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

Argued January 11, 2002 Midland Career Institute, an accredited trade school with headquarters in Hammond, Indiana, opened a branch in Chicago early in 1992. The branch, and the school itself, closed about a year later. Almost 95% of the Chicago branch's students defaulted on their federally guaranteed loans. That exceptionally high rate led to an investigation and criminal convictions of Alan Frost and Anne Bracken, who purchased the school in 1987 and managed it until the failure in 1993. Both defendants were convicted of conspiracy to defraud the United States, see 18 U.S.C. sec.371, and four substantive counts of fraud in connection with federal educational assistance, see 20 U.S.C. sec.1097(a). Each was sentenced to 51 months' imprisonment. According to the prosecutor, Frost and Bracken employed three devices to defraud the United States. First, they instructed the school's employees to lie about students' accomplishments in order to obtain additional Pell Grants (federal scholarships for needy students). Grant funds for each year are disbursed in two parts: half on enrollment, and the second half on certification by the school that the student has successfully completed half of the year's education hours (or will do so within three days). The evidence, taken in the light most favorable to the jury's verdict, showed that the defendants instructed the school's staff to make false certifications in order to obtain Pell Grant funds on behalf of students who were nowhere near completion of the hours required. Second, defendants applied to Indiana for guarantees (ultimately backed by the United States) of bank loans made to students at the Chicago branch. These applications were made using the name, address, and identifier of the main location in Indiana, and the school did nothing to alert Indiana's officials that the education was being provided outside of Indiana to students who lived outside Indiana. Third, the school failed to ensure that all students obtaining federal aid possessed the necessary qualifications: a high school degree, a general education diploma, or a passing grade on an ""ability-to-benefit test."" The result of these three shortcomings, according to the prosecutor, was that the school received substantial federal funds to which it was not legally entitled. The omission of ability-to-benefit tests for four particular students is the basis of the four substantive convictions.


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