LEE COUNTY, Fla. - As a result of the Supreme Court's Skilling decision, which changed the law in this circuit and rendered the jury instructions erroneous, this court should vacate Cabrera's convictions and remand all counts for retrial.
In August 2008, a jury found Cabrera guilty of executing a "scheme to defraud investors of the intangible right to honest services," failed to specify whether Cabrera was guilty or not guilty on those counts of executing a "scheme to defraud investors of money," and found Cabrera guilty of money laundering.
On September 18, 2009, the district court sentenced Cabrera to concurrent terms of 10 years imprisonment on each count.
On October 6, 2009, the court amended its judgment to include an order that Cabrera pay a total of $2,300,000 in restitution.
To read the entire appeal, click here.