See U.S.S.G. § 5G1.1(c). The only “additional punishment” he received was two additional special assessments, which we can easily remedy by remanding this case to the district court with instructions to vacate the convictions on Counts III and V and resentence accordingly. Fin., Inc., 71 F.3d 1343, 1348 (7th Cir.1995)). Colton’s reliance on the RTC’s failure to request additional details about the Trust or New Homes is as misplaced as his reliance on Chiarella. Laskin explained that he and Colton did not want to reveal this information because if Riggs knew of Laskin’s relationship to the Trust, the bank “would not sell the loan at a discount” but rather would seek full payment.
Colton and Laskin’s Marlborough corporation would transfer to the University 13.2 acres of the Riverside property, which the University intended to develop for housing. Indisputably, the 6.4 acres of University property eventually conveyed to the County was a part of the University tract that was swapped for the 13.2-acre parcel of Riverside property. Colton asserts that after this testimony the government conceded in the trial court that he made no affirmative misrepresentations with respect to the Second National transaction.
See, e.g., Lone Star Indus. v. Compania Naviera Perez Companc (In re New York Trap Rock Corp.), 42 F.3d 747, 754 (2d Cir.1994); Emmett v. Eastern Dispensary & Cas. This does not mean, however, that the multiplicious indictment placed Colton in double jeopardy, thereby requiring a new trial on the Second National transaction. But Colton does not suggest, and nothing in the record indicates, that Second National agreed that $2.1 million was appropriate extra compensation for Colton and Laskin or that the bank was willing to forego any claim to these “proceeds” from the Riverside property. Allender, 62 F.3d at 913. Each part of this scheme was carefully crafted and performed in a particular sequence in order to divert a single payment to Colton and Laskin. Accordingly, they provided Mandel with little information about the Trust. Colton heavily relies on Chiarella; that reliance is misplaced.First, critical to the Chiarella holding was the fact that it involved charges of securities fraud.