The Second Circuit vacated the sentences of two mortgage fraudsters in United States v. Lacey because the trial court had erroneously enhanced its U.S. Sentencing Guidelines range by two levels because the scheme was "committed through mass-marketing." The mortgage-fraud scheme involved running radio advertisements to find potential straw buyers to engage in short-sale transactions. When a straw buyer contacted the defendants, the defendants used the buyer to submit false mortgage applications and documentation to obtain loans to buy foreclosed properties. While the scheme itself involved mass-marketing, the appeals court held that the guidelines enhancement "applies only if the audience of the mass-marketing was in some sense victimized by the scheme," which was not apparent in the record before the court. As a result, the court vacated the sentence and remanded for further fact finding.