United States Ninth Circuit

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US v. Lindsey, 14-10004

In a mortgage fraud prosecution, convictions of wire fraud under 18 U.S.C. section 1343, is affirmed where:1) negligence is not a defense to wire fraud, and evidence of lender negligence is not admissible as a defense to mortgage fraud; 2) intentional disregard of relevant information is not a defense to wire fraud, and evidence of intentional disregard by lenders is not admissible as a defense to mortgage fraud; 3) evidence of individual lender behavior is not admissible to disprove materiality, but evidence of general lending standards in the mortgage industry is admissible to disprove materiality; and 4) the district court did not deny the defendant the opportunity to present a complete defense.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/02/27

Judges

  • GOULD

Court

  • United States Ninth Circuit

Counsel


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