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Mortgage Fraud Defendant Raises Numerous Issues, Conviction and Sentence Affirmed

By Shari Allison

U.S. v. Mullins, 2010 WL 2947873 (7/29/10) (Colo) (Published) - Another lengthy opinion in a white-collar case, but affirmance on all issues. This is another case where the defendants helped to deceive lenders about the financial wherewithal of lower-income home buyers. (1) The 10-year, rather than the usual 5-year statute of limitations, applied because the offenses "affected a financial institution" under 18 U.S.C. § 3293(2), because the defendants exposed the banks to a new or increased risk of loss, even though the banks may not have incurred an actual loss. (2) There was sufficient evidence to prove the defendants could have reasonably foreseen that interstate wire communications would be used as a result of their offenses [assuming without deciding such a mens rea had to be proven]...continue to full post

Full post as published by Tenth Circuit Blog on August 04, 2010 (boomark / email).