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

Shira An effective. Scheindlin, Asst. You. S. Atty., Brooklyn, N. Y. (David G. Trager, U. S. Atty. toward East District of the latest York, Harvey Meters. Brick, Asst. You. S. Atty., Brooklyn, Letter. Y., away from guidance), to own appellee.

Just one strolls into the a bank and you will signs a credit card applicatoin playing with a reputation, Public Security amount and you can address not his own. He’s charged getting knowingly and make materially false comments regarding application inside violation out of 18 You.S.C. §§ 1014 step one and dos. 2 Practical question exhibited is if the us government need certainly to ask and you will prove either the people entitled did not exist otherwise you to definitely in the event that he did are present he failed to approve new offender so you’re able to improve software. The us Area Courtroom into Eastern District of the latest York, Jack B. Weinstein, Court, allowed the situation to see new jury in place of like pleading otherwise facts. Just like the jury was taught the Regulators must establish lack of agreement, it actually was plus coached that there is no proof a beneficial real human on identity applied to the program otherwise you to definitely such people gave the offender accept to procure the mortgage. New jury discovered him bad, and using this view he is attractive. We affirm.

Appellant Allen Carr, who was an excellent co-owner which have one Patrick CaiN elizabeth out of several organizations entitled Interline Receivers and you can Roentgen & D Receivers, to your February 21, 1974, executed a payment application for the loan on a lenders Faith Team branch into the Brooklyn, Nyc. Throughout the app he reported that his term try Robert Caime, one to his street address was 172 Bay 34th Highway, Brooklyn, he hired having $175 per month, and that he had been operating once the direct dispatcher at the Interline Receivers, Inc. He signed title Arizona title and loans “Robert Caime” adopting the an announcement with the face of app and that states you to definitely “this statements try correct and right” and they are made to cause the lending company to produce the loan. After that, appellant endorsed the newest check for $step three, payable towards the buy regarding Robert Caime inside the Robert Caime’s identity. An outstanding harmony from $dos,900 remains outstanding.

The government very first indicted appellant, Patrick Caine (this new lover) and you can a bankers Trust secretary movie director to possess conspiracy and particular substantive offenses connected with not true comments built in experience of numerous fund

This new indictment did not clearly speak about the brand new Robert Caime loan. A statement out-of particulars supplied during the appellant’s demand, yet not, performed reference the fresh new Caime application for the loan. The us government here expressed specific goods that after that it understood so you can feel not the case the brand new applicant’s place of employment and paycheck. step three A superseding indictment filed immediately following handwriting exemplars have been obtained from Carr charged particularly he had portrayed that he are Robert Caime understanding that this is perhaps not Carr’s genuine name. 4

The guy and additionally made many payments toward mortgage, five where were submitted envelopes give-managed of the appellant which have a profit target label off Robert CaiN e

At the trial government entities put research that appellant got signed the fresh new term Robert Caime towards application along with offered yet another address, Societal Protection amount, and type out of work than their own. Most of this information try available with an enthusiastic FBI agent exactly who got interviewed appellant within the November, 1975. Zero evidence try displayed by either group on the if Robert Caime was genuine or imaginary or whether or not, if the actual, he previously authorized Carr to help you indication their name. The brand new court instructed the newest jury the weight is actually towards Regulators to establish insufficient authorization, immediately after which extra: “A fictional individual try not to, of course, bring concur. There’s absolutely no facts that there’s a real Robert Caime, or you to definitely such individual provided it offender agree.” 5 Every procedural rights was indeed duly kept and therefore focus ensued.