Bernard Kurlemann may have done many things – he borrowed millions to build a pair of houses in Mason, Ohio, for example – but he did not make a false statement to a bank.
And the Sixth Circuit, in United States v. Kurlemann, held that the district court was wrong to instruct the jury that it could convict him for anything less.
The Costs of Owning Expensive Real Estate
Marc Engelmann was accused of conspiracy to commit bank and wire fraud, as well as bank and wire fraud. He was convicted at trial after some very shady stuff might have happened between two FBI agents. The Eighth Circuit (yes, the Eighth Circuit!) remanded in United States v. Engelmann.
Dual Price Real Estate Deals
Mr. Engelmann was a real estate attorney. He represented a seller in nine different deals that the government thought broke the law.
If Mitt Romney is right that 47% of Americans think of themselves as victims, then the Second Circuit’s opinion in United States v. Lacy may be deeply unpopular.
Like Mitt Romney, Kirk Lacey and Omar Henry had a vision for the future.
Unlike Mitt Romney, their vision involved short sales, straw buyers, and a little light mortgage fraud.
Like many Americans, Meggan Alexander wanted to participate in the dream of home ownership. Like many Americans, Ms. Alexander had lost her job.
Unlike many Americans, Meggan Alexander signed documents at a real estate closing that said she was employed when she wasn’t.
The government can be a stickler for proper paperwork. Because she signed these documents saying that she was employed when she wasn’t, she was indicted for making a false statement with the intent to influence an FDIC-insured entity.
What’s the point of prosecuting crime? What’s the point of putting people in prison?
Surely, in any well-functioning society – let alone any well-functioning democracy – there are a number of good reasons for prosecuting crime. There are also some that are not as obviously good.
Prosecuting crime prevents the people who commit crimes from being in a position to commit further crimes. Specific deterrence – deterring the specific person – makes sense as a function of sentencing.
It’s money laundering week here at the Federal Criminal Appeals Blog. Yesterday, I wrote about Walter Blair, the lawyer who was convicted for performing extra-legal services.
Today, the Third Circuit issued a happier decision (though not for the government) in United States v. Richardson.
The Dream of Home Ownership
The Federal Criminal Appeals Blog