Appeals court upholds conviction for former Cedar Rapids landlord Robert Miell

The U.S. Eighth Circuit Court of Appeals affirmed Friday a former Cedar Rapids landlord's conviction for mail and tax fraud and perjury, denying his claim the district court erred sentencing him to 20 years in prison.

Robert Miell, 56, pleaded guilty to 18 counts of mail fraud and two counts of perjury in 2009. He was also found guilty by a jury in January 2009 of two counts of tax fraud. The charges stem from his fraudulent reports to American Family Insurance of more than $336,000 in storm damage at 145 properties.

Miell in his appeal claimed the district court erred by applying sentencing enhancements for abuse of position of private trust, 250 or more victims and loss exceeding $1 million.

The appeals court ruled Miell was in a position of trust over the tenants regarding their damage deposits. He had access to the tenants' apartments and money, control over damage deposits and documentation of alleged damages and he chose how to make repairs. The tenants couldn't monitor Miell in these actions and cost of litigation for the tenants made if difficult to take any legal action.

The deposits were also a prerequisite to housing for the tenants, who were "economically vulnerable," unlike commercial tenants, and unable to negotiate a better deal, according to the ruling.

Miell also claimed there was no documentation to support the alleged loss for more than 250 victims. He was ordered to pay more than $728,000 in victim's restitution.

Miell's admissions to the systematic nature of his fraud scheme, together with the evidence presented at the sentencing hearings, was sufficient to support the claims of 272 individuals who were identified or came forward as being victims of the damage deposit fraud scheme, according to the ruling. The district court made a reasonable estimate of loss, the court stated.