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Criminal Law Keyed to Kaplan
United States v. Phillips
Citation:
731 F.3d 649 (2013)Facts
Lacey Phillips and Erin Hall (defendants) were a couple who decided to purchase a home during the early 2000s housing bubble. After originally being turned down by Associated Bank for a mortgage loan, Phillips and Hall turned to Brian Bowling—a crooked broker—who referred them to the Fremont Investment & Loan (“Fremont”) for reconsideration. Fremont was a federally insured bank with dubious ethics. Specifically, Fremont would provide loans to borrowers without first verifying their statement of income. Bowling instructed the couple to list Phillips as the only applicant for the loan because of her good credit history. Bowling, however, also instructed the couple to still list both of their incomes on the application. The couple did so and were charged with bank fraud under 18 U.S.C. 1014. At trial, the judge forbade testimony about Bowling’s instructions to the couple.
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