MANION, Circuit Judge.
Guy Stein pleaded guilty to one count of wire fraud stemming from a check-kiting scheme that, along with related conduct, caused a total loss of approximately $1 million to multiple financial institutions. In this appeal, Stein argues that approximately $440,000 of that loss should not have been counted against him because one of the principals of two of the financial
Guy Stein ran legitimate companies — Big City Tickets and Advanced Design Consulting — for which he maintained bank accounts at three different banks. In need of "working capital financing assistance for [his] construction projects," he approached his friend Kevin Wiley. Wiley was a one-third owner of two currency exchanges, and he proposed that Stein write checks from his (underfunded) bank accounts to cash at the exchanges. That way, Stein would have use of the money to run his business for anywhere between a few to several days. At the end of that period, if his business had turned the profit he needed, the checks would clear without any problem. If not, he could write more checks, cash them, deposit enough proceeds to ensure the earlier checks cleared, and have more money to keep running his businesses in the hope of eventually turning a profit.
When his fraud came to light, Stein pleaded guilty to one count of wire fraud, in violation of 18 U.S.C. § 1343. At his initial sentencing, the district court calculated his guideline range as 33-41 months based on his crime of conviction and a loss amount of about $1,170,000 (which took into account some money he had paid back). However, the district court noted that Stein's scheme was not designed to enrich himself. Rather, his fraud was orchestrated to keep his businesses afloat and pay his employees. For these and other relatively sympathetic factors, the district court sentenced him below the guidelines to 24 months' imprisonment. Stein appealed, arguing that the district court erred in its loss calculation. While on appeal, we granted a limited remand so the district court could consider Stein's motion for reconsideration of sentence. The district court granted that
In this appeal, Stein argues that the roughly $440,000 loss he caused to Wiley's exchanges should not be incorporated into the restitution judgment because of Wiley's complicity in his scheme
"We review the district court's factual findings for clear error, reversing only when we are `left with the definite and firm conviction that a mistake has been made.'" United States v. White, 737 F.3d 1121, 1142 (7th Cir.2013) (quoting United States v. Cruz-Rea, 626 F.3d 929, 938 (7th Cir.2010)). However, "[w]e review the calculation of restitution for abuse of discretion." United States v. Frith, 461 F.3d 914, 919 (7th Cir.2006). "[T]he district court need only make `a reasonable estimate of the loss' in applying the enhancement.... Thus, on appeal, a defendant must `show that the court's loss calculations were not only inaccurate but outside the realm of permissible computations.'" White, 737 F.3d at 1142 (quoting U.S.S.G. § 2B1.1, application note 3(C), and United States v. Love, 680 F.3d 994, 999 (7th Cir.2012)). We will only upset an order of restitution "if the district court used inappropriate factors or did not exercise discretion at all." Frith, 461 F.3d at 919.
Stein does not dispute that approximately $440,000 worth of checks he cashed at Wiley's exchanges were not honored because of insufficient funds, and this was the evidence the government offered for the district court to calculate the loss. Rather, Stein argues that ordering restitution for this amount was unreasonable because Wiley was complicit in the fraud, and in fact, "earn[ed] significant profits" from the transaction fees.
October 31, 2013, Sentencing Tr. ("Sent. Tr.") at 6-7. The currency exchanges had their own separate existences. It is irrelevant that Wiley was a contributing cause. He is not the victim, the exchanges are. Stein was clearly a but-for and proximate cause of the losses which the exchanges suffered. See, e.g., United States v. Robertson, 493 F.3d 1322, 1334 (11th Cir.2007) ("`Defendant's conduct need not be the sole cause of party's loss'") (quoting United States v. Gamma Tech Indus., Inc., 265 F.3d 917, 928 (9th Cir.2001)).
Further, Wiley's misconduct while a partial owner does not change the exchange's victim status or the propriety of the calculation. Wiley's encouraging Stein to undertake the risky check-kiting scheme may have created multiple transactions which initially benefitted the exchanges (the victims), and himself by virtue of his relation to the exchanges. But, again, the exchanges provided services to Stein to earn their fees and the exchanges suffered $440,000 in losses when Stein's checks were not honored by his banks. Stein may have a civil claim against Wiley for contribution arising from Wiley's facilitating conduct, but that does not relieve Stein of his obligation to compensate his victims. 18 U.S.C. §§ 3663A (making full restitution mandatory), 3664(h) (allowing the district court to apportion liability only among defendants). The district court's decision to treat the exchanges as the victims and calculate the losses based on the dishonored checks was within "the realm of permissible computations." White, 737 F.3d at 1142. We will not disturb the district court's decision to impose restitution under 18 U.S.C. § 3663A to make the exchanges whole.
Finally, the government suggests that we order a limited remand so the district court can correct what it deems a "scrivener's error." At Stein's re-sentencing on our earlier limited remand, the court calculated the loss amount at approximately $960,000 for the purposes of the guidelines, but ordered restitution for just over $1,000,000. Normally the loss amount and restitution award should be the same. However, after our review of the record, it is clear that this was not a scrivener's error, but was rather the result of conflicting factual findings. At the re-sentencing hearing, the district court agreed to reduce the loss amount by $209,000 because Stein had repaid that much to Jay Feldman, the
The district court permissibly calculated the loss to the currency exchanges and ordered the appropriate amount of restitution. It was within the district court's discretion to decide that Wiley's misconduct did not relieve Stein of his responsibility to make the exchanges whole. Accordingly, we AFFIRM the judgment of the district court.