Record contained sufficient evidence to support defendant’s conviction on charge of bank fraud, making false statements to bank, money laundering and pension theft, where: (1) with respect to $300,000 loan, jury could properly find that defendant lied to bank officials that he would not use said loan proceeds for personal expenses, even though defendant argued that said payment to him was business-related shareholder distribution; and (2) although defendant did not make any direct statements to bank officials with respect to use of proceeds for second loan, jury could properly find that defendant directed third-party to make false statements regarding use of proceeds so as to support his convictions on second loan. However, remand was required for new sentencing hearing, where Dist. Ct. improperly included $300,000 in over $1 million loss calculation under circumstances where defendant had repaid $300,000 prior to detection of any fraud.
Federal 7th Circuit Court
Criminal Court
Reasonable Doubt