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9 F.3d 708

Docket No. 93-2244.

United States v. Britton

Eighth Circuit Court of Appeals

Submitted Sept. 16, 1993.

Decided Nov. 17, 1993.

Eighth Circuit Court of Appeals · decided 1993-11-17

2 counsel of record

Key passage — most relied on by later courts

“[t]he bank fraud statute condemns schemes designed to deceive in order to obtain something of value.”

quoted by 3 later decisions, including United States v. Sheahan, 753 F. Supp. 2d 903 - United States v. Steffen

“In reviewing the trial court's ruling on the motion for acquittal, this court must view the evidence in the light most favorable to the government.”

quoted by 1 later decision, including United States v. Holmes

Applies 18 U.S.C. § 1344

Relies on Boatmen's National Bank of St. Louis v. Carver · Air Line Pilots Ass'n v. Landry · United States v. Goldblatt

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1993-11-17

How this case has been cited

Cited by 15 later decisions — most recently February 2021

12 federal appellate ·

901993200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1*709Daniel T. Moore, Poplar Bluff, MO, argued, for appellant.

¶2Michael A. Price, Asst., U.S. Atty., Cape Girardeau, MO, argued, for appellee.

¶3Before FAGG, BOWMAN, and LOKEN, Circuit Judges.

¶4PER CURIAM.

¶5Eugene Britton appeals his jury conviction for bank fraud under 18 U.S.C. § 1344(a) (1988). Viewing the evidence in the light most favorable to the jury’s verdict, United States v. Barnhart, 979 F.2d 647, 650 (8th Cir.1992), the Government established the following facts. Britton purchased a 16-foot utility trailer from a trailer manufacturer for $1100, using funds from a company owned by Darlene Stratton, Britton’s sister-in-law. Britton then transferred the trailer’s title to Stratton. To pay for the trailer, Stratton applied for a loan from a federally insured bank, pledging the trailer as collateral. Stratton misrepresented to the bank that she purchased the trailer from Britton for $25,-000. Britton obtained appraisals of 40-foot traders, valued at about $25,000, and Strat-ton delivered the appraisals to the bank. After glancing at an appraisal of a 40-foot trailer, a bank official loaned Stratton $25,-000, taking a security interest in the 16-foot trailer. On the same day, Stratton paid off a $19,700 loan Britton had with the bank. When Stratton defaulted on the loan a short time later, the bank attempted to find the trader. Britton concealed the trader’s location and transferred the trader without its serial number.

¶6Britton contends the evidence is not sufficient to support his conviction. We disagree. To establish bank fraud under § 1344(a), the Government needed to prove Britton knowingly executed a scheme to defraud a federady insured bank. See 18 U.S.C. § 1344(a)(1); Barnhart, 979 F.2d at 650 (government must show that scheme to defraud existed). Contrary to Britton’s view, the Government did not have to show Britton made false representations. See United States v. Schwartz, 899 F.2d 243, 246 (3d Cir.) (distinguishing §§ 1344(a)(1) and 1344(a)(2)), cert. denied, 498 U.S. 901, 111 S.Ct. 259, 112 L.Ed.2d 217 (1990). The Government also did not have to show Britton personally benefitted from the scheme or the bank was actuady defrauded. See United States v. Goldblatt, 813 F.2d 619, 624 (3d Cir.1987). A scheme violates § 1344(a) if the scheme is “a departure from fundamental honesty, moral uprightness, or fair play and candid dealings in the general life of the community. The bank fraud statute condemns schemes designed to deceive in order to obtain something of value.” Id.

¶7Construing all reasonable inferences in the Government’s favor, Barnhart, 979 F.2d at 650, a reasonable jury could find that Britton was the straw man between Stratton and the trailer manufacturer, enabling Stratton to misrepresent the trailer’s purchase price to the bank; that Britton furthered the ruse by securing appraisals of $25,000 trailers for the bank; and finally, that Britton concealed the trailer to prevent discovery of the scheme. Thus, it was reasonable for the jury to find beyond a reasonable doubt that Britton knowingly participated in a scheme to defraud the bank. See United States v. Karunatileka, 820 F.2d 961, 966 (8th Cir.1987) (scheme to defraud may be inferred from circumstantial evidence).

¶8Accordingly, we affirm.

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