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United States v. Bepsy O. Aguasvivas-Castillo

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Before Lynch, Chief Judge, Stahl and Thompson, Circuit Judges.

Bepsy Aguasvivas-Castillo, the owner of a supermarket chain in Puerto Rico, was convicted on one count of conspiracy to commit food stamp fraud and one count of money laundering. He had engaged in and enlisted his family in an illegal scheme in which the supermarkets he owned and operated provided cash for food stamps beyond Puerto Rico’s permissible limits. Some fourteen defendants were originally charged. Several, including some of Aguasvivas-Castillo’s family members, pled guilty and testified against him.

All told, the supermarkets’ illegal receipts from the fraud, conservatively estimated to be over $4 million, were intermingled with over $20 million in food stamp funds. Aguasvivas-Castillo was sentenced to 108 months in prison and ordered to forfeit the amount of $20 million. He appeals only from his sentence, arguing that two sentencing guideline enhancements were erroneously applied, and he challenges the amount of the forfeiture order under the Excessive Fines Clause of the Eighth Amendment. We affirm the district court’s application of the sentence enhancements as well as its forfeiture order.

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