FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
MASSACHUSETTS [Hon. Douglas P. Woodlock, U.S. District Judge]
L. Sultan, with whom Charles W. Rankin and Rankin &
Sultan were on brief, for appellant.
J. Balthazard, Assistant United States Attorney, with whom
Carmen M. Ortiz, United States Attorney, was on brief, for
Torruella and Barron, Circuit Judges, and Lisi, [*] District Judge.
BARRON, Circuit Judge.
O'Donnell appeals from his conviction on one count under
18 U.S.C. § 1344, the Bank Fraud Act. We affirm.
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
(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.
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."
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 ...