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Court of Appeals Discusses Issues of Striking Juror with "Aggressive Attitude", the Confrontation Clause and Amount of Loss

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

United States v. Jimenez, No. 05-4098 (3d Cir. Jan. 14, 2008), involved convictions arising out of a multi-defendant, 47-count indictment charging conspiracy to commit mortgage fraud and bank fraud. Five defendants appealed raising numerous challenges to their convictions, after a jury trial, and related sentences. The scheme involved a mortgage brokerage company and various related entities that secured residential and commercial loans for borrowers who could not otherwise obtain mortgages. When customers failed to qualify for loans, the conspirators fabricated federal tax returns and inflated W-2 forms or false pay stubs as well as various other documents associated with obtaining a mortgage. Some of the customers who received loans that they could not afford to repay, defaulted and lost their homes resulting in losses to the lender as well...continue to full post

Full post as published by Third Circuit Blog on January 27, 2008 (boomark / email).