U.S. v. Ginsberg

Record contained sufficient evidence to establish defendant's guilt on bank fraud charge arising out of scheme in which loan applications from straw buyers contained multiple false statements about transactions involving sales of multiple condominiums that included sales price, sources of down payments, nature of fee paid to defendant and buyers' financial status that induced bank to loan straw buyers nearly $5 million, where said loans eventually went into default status.  Record showed that defendant, without knowledge of bank, made arrangement with seller of condominiums to pay him incentive payments that defendant used to fund down payments on condominiums on behalf of straw buyers. Defendant also told straw buyers that they would not be required to use any of their own money to fund down payments on condominiums, and defendant otherwise made two straw buyers appear to be financially qualified for loans. Fact that defendant did not personally prepare loan applications did not require different result. Also, while settlement papers accurately reflected amount of his fees, said statements failed to show nefarious ways in which defendants used said fees to make it appear that straw buyers were actually funding their down payments.