United States Second Circuit

Conviction and sentence for conspiracy and bank fraud are affirmed as to the indictment as it sufficiently alleges the element of materiality. However, a restitution order is vacated as the error in precluding joint and several liability may have led to a combination of restitution orders that exceeds the bank's losses.

Appellate Information

• Decided 02/05/2007
• Published 02/06/2007

Judges

• WINTER, Circuit Judge., Before:  KEARSE, WINTER, and WALKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Richard A. Greenberg (Steven Y. Yurowitz, on the brief), Newman & Greenberg, New York, New York, for Defendant-Appellant., Marc A. Weinstein, Assistant United States Attorney, (Michael J. Garcia, United States Attorney for the Southern District of New York, on the brief, Katherine Polk Failla, Assistant United States Attorney, of counsel), United States Attorney's Office for the Southern District of New York, New York, New York, for Appellee.