Us, Appellee, v. Allen Carr, Appellant, 582 F.2d 242 (2d Cir. 1978)
Shira A great. Scheindlin, Asst. You. S. Atty., Brooklyn, N. Y. (David G. Trager, You. S. Atty. with the Eastern Section of new York, Harvey Yards. Stone, Asst. U. S. Atty., Brooklyn, N. Y., out-of the recommendations), having appellee.
A single guides on the a lender and you will signs a loan application having fun with a reputation, Social Protection amount and you may address not his or her own. He could be prosecuted to possess consciously and come up with materially not true comments about app inside the pass out of 18 You.S.C. §§ 1014 1 and you can dos. dos Issue presented is whether the government must beg and you may confirm often that individual entitled failed to exist otherwise one to in the event the the guy did are present he don’t approve the accused to help you make the application. The usa District Legal toward Eastern Area of brand new York, Jack B. Weinstein, Judge, allowed the way it is to consult with this new jury without instance pleading otherwise facts. Since the jury is actually trained that the Bodies needed to present decreased authorization, it actually was in addition to taught there is actually zero proof of a great human towards the title placed on the program otherwise you to such person offered brand new accused consent to procure the mortgage. The fresh jury located him accountable, and out of this wisdom the guy appeals. We affirm.
Appellant Allen Carr, who was simply an effective co-manager that have one Patrick CaiN age out-of a few enterprises called Interline Receivers and you may Roentgen & D Receivers, for the March 21, 1974, performed an installment loan application within a lenders Believe Business part for the Brooklyn, New york. On the app he stated that their name is actually Robert Caime, you to definitely their physical address are 172 Bay 34th Road, Brooklyn, which he rented to own $175 monthly, and therefore he was operating because the direct dispatcher at Interline Receivers, Inc. The guy closed the name “Robert Caime” following an announcement for the face of the application and that says one “the foregoing comments try true and you may proper” and therefore are made to cause the financial institution to supply the borrowed funds. After that, appellant endorsed the brand new seek $step 3, payable on buy away from Robert Caime within the Robert Caime’s term. A great balance off $dos,900 stays unpaid.
Government entities first indicted appellant, Patrick Caine (new mate) and a bankers Believe secretary movie director to possess conspiracy and certain substantive offenses involving untrue statements manufactured in connection with several loans
This new indictment didn’t clearly talk about the fresh new Robert Caime mortgage. A statement off particulars equipped on appellant’s demand, although not, did refer to the new Caime loan application. Government entities here conveyed specific items which it then realized so you’re able to be false the fresh new applicant’s job and salary. step 3 A good superseding indictment submitted once handwriting exemplars had been obtained from Carr energized specifically that he had represented that he are Robert Caime comprehending that this is perhaps not Carr’s real title. 4
He in addition to generated a number of repayments into the financing, four at which have been sent in envelopes hands-treated of the appellant with income target title off Robert CaiN e
At demo the us government introduced facts one appellant got closed the fresh name Robert Caime into the application together with considering a different sort of address, Societal Protection amount, and type out of a position than his personal. The majority of this post is actually provided with a keen FBI agent whom got questioned appellant when you look at the November, 1975. Zero evidence try presented from the often party into whether or not Robert Caime is actually real otherwise imaginary or whether, when the actual, he’d registered Carr to help you indication their label. The brand new courtroom educated the fresh new jury that load is toward Regulators to ascertain too little authorization, after which extra: “A fictional individual cannot, definitely, offer consent. There’s no research that there surely is a bona-fide Robert Caime, or that such people provided which accused concur.” 5 Every proceeding rights was properly managed hence desire ensued.
