Usa, Appellee, v. Allen Carr, Appellant, 582 F.2d 242 (2d Cir. 1978)

Shira A good. Scheindlin, Asst. U. S. Atty., Brooklyn, Letter. Y. (David Grams. Trager, You. S. Atty. to the Eastern Region of the latest York, Harvey Yards. Brick, Asst. You. S. Atty., Brooklyn, N. Y., out-of the advice), getting appellee.

One guides to your a lender and you can cues a loan application using a name, Societal Safeguards number and you can target not his very own. He or she is sued to possess knowingly while making materially false comments in the application during the ticket out of 18 U.S.C. §§ 1014 1 and you can dos. 2 Practical question presented is if government entities have to plead and establish either the person called didn’t are present otherwise one to if he did are present the guy did not authorize brand new accused so you can make app. The usa Area Judge to your East Region of brand new York, Jack B. Weinstein, Court, allowed the way it is to check out brand new jury versus such pleading or proof. Since jury was taught your Regulators was required to establish diminished authorization, it actually was along with taught that there is no proof of an effective peoples towards identity used on the program otherwise one these individual gave the fresh defendant accept procure the mortgage. The fresh jury located your responsible, and you can from this wisdom the guy appeals. We affirm.

Appellant Allen Carr, who was simply a great co-holder which have one Patrick CaiN age from a couple organizations titled Interline Receivers and you can Roentgen & D Receivers, into February 21, 1974, done a repayment application for the loan at the a bankers Trust Business branch from inside the Brooklyn, Nyc. About app he stated that his term is Robert Caime, that his physical address is 172 Bay 34th Street, Brooklyn, he leased for $175 monthly, and that he was functioning as the direct dispatcher at Interline Receivers, Inc. He closed title “Robert Caime” after the a statement into face of app and this states one to “the foregoing comments try genuine and correct” and therefore are designed to trigger the lending company to give the loan. After that, appellant endorsed the try to find $step 3, payable to the acquisition regarding Robert Caime within the Robert Caime’s term. An outstanding balance regarding $2,900 remains unpaid.

The federal government first indicted appellant, Patrick Caine https://paydayloansexpert.com/title-loans-me/ (new mate) and you can a lenders Trust assistant movie director to possess conspiracy and you will particular substantive offenses involving untrue statements manufactured in contact with several funds

The new indictment don’t clearly mention the newest Robert Caime loan. A costs away from particulars supplied within appellant’s consult, but not, did relate to the fresh new Caime loan application. The us government truth be told there expressed certain items which it then understood so you’re able to getting false the applicant’s job and you will paycheck. step three A great superseding indictment filed immediately following handwriting exemplars have been extracted from Carr billed particularly he had portrayed that he was Robert Caime understanding that this is not Carr’s real name. cuatro

The guy including produced a good amount of costs towards the mortgage, four from which was basically sent in envelopes give-managed by appellant which have a profit target name of Robert CaiN elizabeth

At trial government entities brought facts you to definitely appellant got closed the fresh new name Robert Caime into the application along with given another type of target, Social Safeguards count, and kind out-of a position than simply his personal. A lot of this information try provided with an enthusiastic FBI agent who had questioned appellant in November, 1975. Zero evidence try exhibited by sometimes group on the whether Robert Caime are real otherwise imaginary otherwise whether or not, in the event that real, he previously registered Carr to help you signal their name. The fresh new legal taught brand new jury the load is actually towards the Authorities to ascertain a lack of agreement, after which added: “An imaginary people never, definitely, bring consent. There’s absolutely no facts there is a real Robert Caime, otherwise you to definitely such person offered that it accused agree.” 5 Most of the proceeding liberties have been properly preserved and therefore attention ensued.