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United States v. O'Donnell

United States Court of Appeals, First Circuit

October 19, 2016

UNITED STATES OF AMERICA, Appellee,
v.
MICHAEL P. O'DONNELL, Defendant, Appellee.

         APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Douglas P. Woodlock, U.S. District Judge]

          James L. Sultan, with whom Charles W. Rankin and Rankin & Sultan were on brief, for appellant.

          Mark J. Balthazard, Assistant United States Attorney, with whom Carmen M. Ortiz, United States Attorney, was on brief, for appellee.

          Before Torruella and Barron, Circuit Judges, and Lisi, [*] District Judge.

          BARRON, Circuit Judge.

         Michael O'Donnell appeals from his conviction on one count under 18 U.S.C. § 1344, the Bank Fraud Act. We affirm.

         I.

         O'Donnell was indicted under the Bank Fraud Act (the Act) on June 15, 2015. The Act provides:

Whoever knowingly executes, or attempts to execute, a scheme or artifice--
(1) to defraud a financial institution; or
(2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises; shall be fined not more than $1, 000, 000 or imprisoned not more than 30 years, or both.

18 U.S.C. § 1344.

         The indictment alleged that O'Donnell violated subsections (1) and (2) of the Act. Specifically, the indictment alleged that he "knowingly executed and attempted to execute a scheme and artifice to defraud Countrywide Bank, FSB, a federally-insured financial institution, and to obtain money . . . and other property owned by and under the custody and control of Countrywide Bank, FSB, by means of false and fraudulent pretenses, representations, and promises, concerning material facts and matters in conjunction with a mortgage loan in the amount of $44, 000 for property located at 40 Harbor Street, Salem, Massachusetts."

         Following indictment, O'Donnell waived his right to a jury trial and opted for a bench trial. He also entered into a stipulation. The stipulation set forth the following ...


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