United States v. Keith Vinson

852 F.3d 333, 2017 WL 1103007
CourtCourt of Appeals for the Fourth Circuit
DecidedMarch 24, 2017
Docket15-4384
StatusPublished
Cited by85 cases

This text of 852 F.3d 333 (United States v. Keith Vinson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth 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. Keith Vinson, 852 F.3d 333, 2017 WL 1103007 (4th Cir. 2017).

Opinion

KING, Circuit Judge:

In October 2013, Keith Arthur Vinson was convicted in the Western District of North Carolina of various offenses arising from his leadership of schemes wherein fraud was systematically utilized to keep his real estate empire afloat. Vinson has appealed, contending primarily that the prosecution presented insufficient evidence of the crimes alleged. He also maintains that the trial court gave the jury an erroneous and prejudicial willful blindness instruction, and that his aggregate sentence of 216 months is substantively unreasonable. As explained below, we reject each of his contentions and affirm.

I.

A.

From approximately 2010 and culminating in this prosecution, the FBI, the IRS, *338 and the United States Attorney in western North Carolina conducted a protracted investigation into the fraudulent activities discussed herein. Prior to the initial indictment against Vinson, the government had already convicted several of his cohorts and obtained their cooperation. Those men included George “Buddy” Greenwood, David G. Smith, and Robert Craig Gour-lay. For example, in February 2011, the grand jury in Asheville indicted Greenwood for misapplication of bank funds and money laundering. Greenwood pleaded guilty to those charges on June 16, 2011. In October 2011, the United States Attorney filed an information charging Smith with a conspiracy to commit various offenses and Gourlay with misapplication of bank funds and money laundering. Smith and Gourlay pleaded guilty on November 1, 2011, to the charges against them.

Vinson was initially indicted by the grand jury in April 2012 on multiple federal charges, including conspiracy, bank and wire fraud, and money laundering. In addition to Vinson, that indictment charged Avery “Buck” Cashion III and his wife, Joan Cashion, plus Raymond M. Chapman and Thomas E. Durham, Jr. A superseding indictment, returned in early December 2012, lodged charges against Vinson, Buck Cashion, Chapman, Durham, and two additional defendants, George M. Gabler and Aaron Ollis.

In January 2013, the charges in the initial indictment against Joan Cashion were dismissed. Soon thereafter, in February 2013, the United States Attorney filed an information charging Andrew Hager with conspiracy to commit offenses against the United States. Hager pleaded guilty to that charge on March 11, 2013. On September 18, 2013, Buck Cashion and Chapman pleaded guilty to the conspiracy charges in the superseding indictment. Less than a week later, on September 24, 2013, Gabler pleaded guilty to an information charging misprision of a felony. Durham and Ollis also pleaded guilty on that occasion, to conspiracy charges lodged in the superseding indictment. Pursuant to agreements with the United States Attorney, those defendants cooperated in the ongoing investigation and related prosecutions.

On October 1, 2013 — fifteen months after the initial indictment and only a week after several of the defendants had pleaded guilty — the grand jury returned another superseding indictment, the operative indictment in this appeal (the “Indictment”). The Indictment named Vinson as the only defendant, but several of those who had pleaded guilty were identified as unindicted coconspirators. The Indictment alleged thirteen charges against Vinson, as follows:

• Count One — That Vinson conspired with Buck Cashion, Chapman, Ollis, Hager, and others to commit bank fraud, in contravention of 18 U.S.C. § 1349;
• Count Two — That Vinson conspired with Cashion, Chapman, Ollis, Hag-er, Greenwood, and others to commit offenses against and to defraud the United States, in violation of 18 U.S.C. § 371;
• Counts Three, Four, Five, Six, and Ten — That Vinson, on five occasions, aided and abetted the misapplication of bank funds, in violation of 18 U.S.C. §§ 656 and 2;
• Counts Seven and Eight — That Vinson committed and aided and abetted two wire fraud offenses affecting a bank, in violation of 18 U.S.C. §§ 1343 and 2;
• Count Nine — That Vinson conspired with Cashion, Chapman, Ollis, Hag-er, Durham, Gourlay, Smith, and others to commit offenses against *339 and to defraud the United States, in contravention of 18 U.S.C. § 371;
• Count Eleven — That Vinson conspired with Cashion, Chapman, and others to commit money laundering, in contravention of 18 U.S.C. § 1956(h); and
• Counts Twelve and Thirteen — That Vinson committed and aided and abetted two money laundering offenses, in violation of 18 U.S.C. §§ 1957 and 2.

Vinson was the only alleged conspirator who elected to go to trial. Vinson’s jury trial on the Indictment began in Asheville on October 7, 2013, just a week after the Indictment was returned. Several of his cohorts testified for the prosecution, including Buck Cashion, Gourlay, and Hag-er. The prosecution called at least twenty-six witnesses- — such as coconspirators, banking officials, and victims of the alleged criminal activities — and introduced hundreds of documents.

B.

The trial evidence emphasized Vinson’s ongoing efforts to defraud various banks and others in seeking to salvage his floundering real estate empire, particularly the Seven Falls Golf and River Club in western North Carolina (the “Seven Falls development,” or “Seven Falls”). 1 Vinson acted through various entities, including Seven Falls LLC, of which he was the principal. In his efforts, Vinson utilized a dizzying array of fraudulent activities, including those referred to herein as the Lot Loan Scheme, the Plastics Plant Scheme, the Check Fraud Scheme, the Burnett Straw Loan, the Worlund Straw Loan, the Zeiger Straw Loan, and the Queens Gap Scheme. Vinson’s fraudulent activities contributed to the insolvency of two FDIC-insured banks in western North Carolina — -the Bank of Asheville (“BOA”) and Pisgah Community Bank (“PCB”) — leading the FDIC to become the Receiver for each failed bank.

1. Background

Beginning in about 2006, Vinson implemented a plan to turn approximately 1,600 acres of North Carolina property into the Seven Falls development.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Dennis Pulley
Fourth Circuit, 2025
United States v. Jason Joyner
Fourth Circuit, 2024
United States v. Alexus Tyson
Fourth Circuit, 2024
United States v. Tarik Freitekh
114 F.4th 292 (Fourth Circuit, 2024)
United States v. Jamal Sims
Fourth Circuit, 2023
United States v. Dustin Henry
Fourth Circuit, 2023

Cite This Page — Counsel Stack

Bluebook (online)
852 F.3d 333, 2017 WL 1103007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-keith-vinson-ca4-2017.