United States v. Laurance H. Freed

Summary

The Seventh Circuit affirmed Laurance H. Freed’s convictions for bank fraud, mail fraud, wire fraud, and making false statements to a financial institution. The court rejected challenges to the jury instructions and held that sufficient evidence supported the convictions, including evidence that Freed made false representations concerning collateral and intended not to honor certain loan covenants when he signed them.

Holdings

1. Because Freed could not establish plain error, the court affirmed the convictions without deciding whether his failure to object constituted waiver or forfeiture.
2. The evidence was sufficient to support Freed's bank-fraud convictions on Counts 6 and 7.
3. The evidence was sufficient to support the false-statement convictions on Counts 10 and 11.
4. A promise made with a present intent not to perform may constitute a false statement sufficient to establish criminal liability under 18 U.S.C. § 1014.
5. The evidence was sufficient to support the convictions on Counts 14 and 16.

Questions Presented

1. Whether Freed's failure to object to challenged aiding-and-abetting and willfully-causing jury instructions constituted waiver or forfeiture, and whether the instructions resulted in plain error.
2. Whether sufficient evidence supported the bank-fraud convictions based on false annual submissions to the City of Chicago.
3. Whether sufficient evidence supported the false-statement convictions based on representations concerning the availability and value of collateral.
4. Whether a promise made with a present intent not to perform can constitute a false statement actionable under 18 U.S.C. § 1014.
5. Whether sufficient evidence showed that Freed made the contractual promises with a present intent not to perform.

Disposition

affirmed