U.S. v. Carlisle, 80-5156
| Decision Date | 11 November 1982 |
| Docket Number | No. 80-5156,80-5156 |
| Parties | UNITED STATES of America, Appellee, v. Jack J. CARLISLE, Appellant. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Arthur P. Strickland, Roanoke, Va. (Mundy & Strickland, Roanoke, Va., on brief), for appellant.
Jean B. Weld, Asst. U.S. Atty., Roanoke, Va. (John S. Edwards, U.S. Atty., Roanoke, Va., on brief), for appellee.
Before BUTZNER, RUSSELL and SPROUSE, Circuit Judges.
This is an appeal from a conviction by a jury of the defendant/appellant Jack J. Carlisle for alleged violation of 18 U.S.C. Secs. 371, 1014 and 2, by conspiring and aiding and abetting in a check-kiting scheme fraudulently to induce a bank insured by the Federal Deposit Insurance Corporation to extend credit. The appellant was convicted on all three counts of an indictment charging that 1) he conspired with Fred Dale (who was not indicted) between August 30, 1975 and October 24, 1975, willfully to overvalue securities for the purpose of influencing the action of Lee Bank and Trust Company upon advances and extensions of credit; 2) he aided and abetted the willful overvaluation of a security, a $10,000 check drawn on the escrow account of Dale Realty Company, on August 30, 1975; and 3) he aided and abetted the willful overvaluation of a security, a $20,000 check drawn on the escrow account of Dale Realty Company, on October 25, 1975. The appellant contends on appeal that the evidence was not sufficient to convict him and that the district court erred in not granting his motion to dismiss the indictment on the ground that check-kiting is not an offense within the terms of Sec. 1014, and that if it is so applied, it is unconstitutionally vague.
Summarizing the evidence, appellant and real estate broker Fred Dale had been acquainted for many years. On two occasions in the late summer and early fall of 1975, appellant caused Dale to sign blank checks and give them to him. Both checks were filled in later making American Mining Company, a corporation of which appellant was president, the payee. The first check was dated August 30, 1975 in the amount of $10,000 and was given a notation relating to certain realty (which American Mining Company owned but never sold) and the second check was filled in in the amount of $20,000 and dated October 25, 1975, with a notation relating to other realty. Dale's account balance on the date of the first check was $80.84 and his balance on the date of the second check was $7.83. Dale and Carlisle knew that there was not enough money in Dale's account to cover either...
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U.S. v. Bonnette, 84-6168
...from incarceration pending a decision on his motion. He again relied on Williams as well as a Fourth Circuit case, United States v. Carlisle, 693 F.2d 322 (4th Cir.1982), which reversed the convictions under section 1014 based on Williams. 6 The government moved for summary judgment. Having......
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U.S. v. Rafsky
...the one involved here may well be punishable under Sec. 1344, as well as under the mail and wire fraud statutes.2 In United States v. Carlisle, 693 F.2d 322 (4th Cir.1982), the Fourth Circuit, reversing a conviction under Sec. 1014, held that Williams precludes prosecution of "check-kiting"......