8th Circ. Upholds Sentence For Ex-Affiliated Foods CFO

Law360, New York (August 31, 2012, 6:02 PM EDT) -- The Eighth Circuit on Friday refused to reverse the one-year sentence given to a former executive of supermarket supplier Affiliated Foods Southwest Inc., denying a request by prosecutors to order a resentencing based on the $11.6 million loss they claim his check-kiting scheme caused.

Prosecutors in Arkansas federal court said Alexander “Lex” Martinez orchestrated a scheme to pass bad checks from account to account to make Affiliated's balances appear healthier in a bid to secure U.S. Bank NA loans for the then-flagging distributor. A jury found...
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