United States v. Phillips

731 F.3d 649 (2013)

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United States v. Phillips

United States Court of Appeals for the Seventh Circuit
731 F.3d 649 (2013)

SC

Facts

Lacey Phillips and Erin Hall (defendants) applied to Associated Bank for a home mortgage. Associated Bank denied the application. At the urging of Brian Bowling, a professional loan broker and purported friend, Phillips and Hall applied for a mortgage from Fremont Investment & Loan (Fremont). Fremont frequently approved loan applications without verifying the income claims therein. Bowling told Phillips and Hall that Phillips alone should apply for the loan due to her good credit history. In addition, despite instructing Phillips and Hall not to include Hall in the loan application, Bowling told Phillips to include Hall’s income in the application because the bank wanted to know the total income that would be used for payment of the mortgage. Based on this false report of income in the application, Phillips and Hall were charged with bank fraud under 18 U.S.C. § 1014, for knowingly making a false statement with the purpose of influencing a federally insured bank. The trial court excluded evidence of Bowling’s instructions to Phillips. A jury convicted Phillips and Hall. A panel of the United States Court of Appeals for the Seventh Circuit affirmed, and then granted Phillips and Hall a rehearing en banc.

Rule of Law

Issue

Holding and Reasoning (Posner, J.)

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