United States Second Circuit

Convictions of conspiring to file false statements with a federally insured financial institution, 18 U.S.C. section 371, filing a false statement with a federally insured financial institution, section 1014, and bank fraud, section 1344, all stemming from defendant's role as a closing attorney in several real estate transactions in upstate New York from approximately 2001 until 2007, when mortgage fraud schemes were especially rampant, are: 1) reversed as to substantive convictions where they involved statements made to a financial institution that was itself was not a federally insured financial institution; but 2) affirmed as to the conviction for conspiracy, where the conspiracy count involved fraudulent misstatements made directly to a federally insured bank.

Appellate Information

• Published 2016/07/07

Judges

• LOHIER

Court

• United States Second Circuit

Counsel