United States v. Copple

827 F.2d 1182
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 21, 1987
DocketNos. 85-2141 to 85-2143, 85-2270 and 86-1947
StatusPublished
Cited by42 cases

This text of 827 F.2d 1182 (United States v. Copple) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Copple, 827 F.2d 1182 (8th Cir. 1987).

Opinion

FAGG, Circuit Judge.

Defendants appeal their convictions arising out of a scheme to finance a real estate development by obtaining bank loans in violation of 18 U.S.C. §§ 371, 656, 1005, and 1014. Defendant Saylor-Robinson also appeals separately from the district court’s denial of her motion for new trial. We affirm.

I.

Newton E. Copple was the key figure in a proposed real estate development in Lincoln, Nebraska. In 1979 Copple had reached his personal loan limits. In order to acquire the money necessary to continue the real estate project, Copple needed to obtain loans without appearing to be the borrower. In exchange for an interest in the development, Copple secured the cooperation of James Gillette, a relative who was the primary owner and chief executive officer of two financial institutions in Beatrice, Nebraska. One of these institutions, then known as Beatrice State Bank (the Bank), was insured by the Federal Deposit Insurance Corporation (FDIC); the other, First Security Savings Company (the Savings), was not.

Gillette arranged for the Savings, and in one instance the Bank, to make loans for Copple's benefit in the names of other borrowers. Most of the loans were based on nothing more than unsecured promissory-notes naming as debtors Copple corporations, Copple employees, or individuals acquainted with Copple. Some of these individuals were unaware they were named as debtors; others received a portion of the loan proceeds with the remainder going to Copple. A few loans were made on the apparent strength of corporate financial statements that greatly overstated corporate assets. No credit evaluations or formal loan applications were processed, and the tacit understanding was Copple, rather than the apparent debtors, would make repayment. Money for the development also was obtained when Gillette arranged for Copple to assign his seller’s interest in sham real estate purchase agreements to the Savings in exchange for cash. Three of Copple’s key administrative employees, Dana Saylor-Robinson, Susan K. Wilson, and Connie E. Kahle, aided the scheme by signing real estate purchase agreements, notes, extension notes, and corporate financial statements. These employees also verified financial statements, negotiated loan checks, and directed the loan funds to Copple bank accounts. Copple obtained approximately $500,000 using this scheme between late 1979 and early 1981.

The majority of loan proceeds were obtained from the Savings, but partly in an effort to keep the Savings within its own institutional lending limits, Gillette transferred many of the loans to the Bank utilizing a banking practice known as “participation.” Participation occurs when a financial institution purchases all or part of a loan from the original lending institution. The purchasing institution obtains the right to collect a proportionate share of principal and interest due on the loan and bears a proportionate risk of loss in the event the loan is not repaid.

Because of concern by Gillette and state and federal banking authorities over the unpaid and unsecured status of these loans, Copple’s father agreed in the latter part of 1981 to assume management as trustee of Copple’s property and to attempt arrangements for repayment of the loans. As an interim measure, in November 1981 numerous outstanding Copple loans were consolidated into two equal short-term obligations at the Savings in the names of two Copple businesses, Jackson Development Company (Jackson) and Patterson Investment Company (Patterson). Neither company was then a viable business enterprise, and neither owned any significant assets. Each company signed notes undertaking the payment of the loans already made for Copple’s benefit.

In January 1982 and again in April, the Jackson and Patterson notes remained unpaid, and their due dates were extended. In June 1982 both notes, to the extent of $150,000 each, were participated by the Savings to the Bank. Saylor-Robinson, Wilson, and Kahle were involved in the 1981 loan consolidations and the-1982 extensions and signed various documents for Jackson and Patterson. The Jackson and [1186]*1186Patterson notes and their extensions were not entered on the books of the Savings or the Bank and were never paid, and the losses ultimately were absorbed by buyers of the financially troubled institutions.

Copple’s scheme first came to the attention of the Federal Bureau of Investigation (FBI) in the fall of 1982 when the agency received a tip regarding possible sham loans in the Bank and the Savings. The FBI initiated its own investigation, but also suggested the FDIC and state banking authorities conduct simultaneous examinations of the Bank and Savings to prevent passing of questionable loans and notes between the two institutions. When the examinations turned up evidence of improper practices, the FBI subpoenaed state and federal banking authorities requesting their examination reports for use in this criminal prosecution.

Copple, Saylor-Robinson, Wilson, and Kahle were all convicted of conspiracy to defraud the United States in violation of section 371. Each was also convicted of aiding and abetting the violation of one or more of sections 656, 1005, and 1014. Saylor-Robinson was convicted for submitting a false corporate financial statement to the Bank in violation of section 1014 when she obtained a loan for Copple directly from the Bank. Gillette was treated as an unindicted coconspirator in exchange for his cooperation.

II.

As an initial matter with regard to loans obtained from the Savings, defendants contend the government failed to prove their involvement in a federal crime. Defendants argue any actions they took were directed at the Savings, and because the Savings was not federally insured, the federal statutes identified in the indictment do not apply to their actions. Defendants contend the impact of the Copple loans on the Bank followed only from Gillette’s later participation of those loans, a process of which the defendants were unaware and which occurred after their involvement in each transaction was complete. Thus, defendants rely on Terry v. United States, 131 F.2d 40, 45 (8th Cir.1942), and argue that acts not violative of a federal statute when committed cannot later acquire a federal connection through acts over which the defendants had no control.

v Defendants miss the point in the significance they attach to loan participation in this case and ignore the character of the charges as set out in the indictment. Their specific knowledge of a particular banking practice is irrelevant to the threshold question of whether a federal offense has been stated. Gillette’s position as chief executive officer of both the Savings and the Bank allowed him to manipulate the transactions of each simultaneously. Within this framework Gillette misapplied funds (section 656) when he transferred Bank funds to the Savings for participation of Jackson and Patterson notes that he knew were not likely to be repaid. Gillette also made false bank entries (section 1005) when he made misrepresentations on the participation certificates for certain Jackson and Patterson notes.

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Bluebook (online)
827 F.2d 1182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-copple-ca8-1987.