United States v. Doke

171 F.3d 240 (1999)

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United States v. Doke

United States Court of Appeals for the Fifth Circuit
171 F.3d 240 (1999)

Facts

Doke (defendant) was a real estate developer. Bass (defendant) was Doke’s attorney. Doke sold a property and retained an option to buy back parcels. Shortly before the expiration of the first option, Bass notified the buyer that Doke would exercise his option. Bass requested a loan from Champions Point National Bank (Champions) to buy the land. The land was sold to a Doke entity, which sold it to Bass at the same price. Doke gave Bass the money for the down payment and sent Bass the money for the loan payments. When Doke could no longer make payments, Bass asked Champions to restructure the loan without mentioning Doke. Champions ultimately foreclosed on the property. Doke and Bass were indicted for bank fraud. The government argued that Doke and Bass concealed Doke’s involvement in the loan, exposing Champions to the risk of violating banking regulations that limit the amount a bank can lend to a borrower. There was conflicting evidence at trial as to whether Bass concealed Doke’s involvement in the loan. Doke and Bass were convicted and argued on appeal that there was insufficient evidence at trial to show that Bass failed to disclose Doke’s involvement in the loan, and even if Bass did fail to disclose Doke’s involvement, Champions was not defrauded by the nominee loan because it knew Bass’s creditworthiness, what the loan proceeds would be used for, and what collateral secured the loan.

Rule of Law

Issue

Holding and Reasoning (Jones, J.)

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