United States v. Lane, 71-1664.
| Decision Date | 14 June 1972 |
| Docket Number | No. 71-1664.,71-1664. |
| Citation | 464 F.2d 593 |
| Parties | UNITED STATES of America, Appellee, v. Harlan LANE, Appellant. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Leon B. Catlett, Little Rock, Ark., Catlett & Henderson, Little Rock, Ark., for appellant.
Sidney H. McCollum, Asst. U. S. Atty., Little Rock, Ark., W. H. Dillahunty, U. S. Atty., Little Rock, Ark., for appellee.
Before Mr. Justice CLARK,* MATTHES and LAY, Circuit Judges.
Certiorari Denied October 10, 1972. See 93 S.Ct. 127.
The appellant, Chairman of the Board of Directors of Union National Bank, stands convicted by a jury of violation of Section 215 of Title 18 of U.S.C.A. which makes it an offense for an officer or director of any bank, the deposits of which are insured by the Federal Deposit Insurance Corporation to stipulate for, receive, or consent to receive "any fee, commission, gift or thing of value from any person, firm or corporation for procuring . . . any loan . . . ." He made a $1,000,000 loan to Wheel-Air Inc. on behalf of the Bank, and Wheel-Air paid a commission of $125,000 for procuring the loan to La-Co Inc., of which appellant was the Chairman of the Board of Directors and controlling stockholder. Two errors are claimed: (1) The jury was instructed that it might find the appellant guilty if it found that he stipulated for the payment of the commission even though the commission was to be paid to La-Co, rather than to or for the benefit of appellant personally; and (2) that the information on which the offense was based, charged appellant with stipulating for a commission to be paid to him personally, whereas the proof was that it was actually paid to La-Co Inc. Neither of the points has merit, and the judgment is affirmed.
1. We take up the latter contention first. The Information, aside from its jurisdictional affirmance, charged that appellant "knowingly and unlawfully did stipulate for a fee, commission and thing of value from Wheel-Air Inc. . . ." for procuring for Wheel-Air Inc. a loan from said Union National Bank. The language is that of the Act and certainly does not state or in any wise imply that appellant stipulated for a commission to be paid to appellant personally. Indeed, if there was any ambiguity which we do not see, the appellant had recourse to a bill of particulars which he did not pursue. On the contrary, the words are of such specificity that appellant was able to and did prepare his defense with such effectiveness that this is his second trial on the charge, his first conviction based on the indictment having been set aside...
To continue reading
Request your trial
-
In re 604 Columbus Ave. Realty Trust, Bankruptcy No. 88-10117-CJK
...interests ahead of the banks'. See Exchange National Bank of Chicago v. Daniels, 768 F.2d 140, 144 (7th Cir.1985); United States v. Lane, 464 F.2d 593, 595 (8th Cir.1972); and United States v. Clark, 765 F.2d 297 (2d Cir.1985). They are not intended to protect borrowers and those offering o......
-
Resolution Trust Corp. v. CedarMinn Bldg. Ltd. Partnership
...99 S.Ct. 2326, 2331, 60 L.Ed.2d 931 (1979); United States v. Smeathers, 884 F.2d 363, 364 (8th Cir.1989) (per curiam); United States v. Lane, 464 F.2d 593, 595 (8th Cir.), cert. denied, 409 U.S. 876, 93 S.Ct. 127, 34 L.Ed.2d 129 (1972). 'The word "or" in the statute is not a fertile word wh......
-
Hometowne Builders, Inc. v. Atlantic Nat. Bank
...argue that plaintiffs are not among the group of persons whom 18 U.S.C. § 215 was designed to protect. They rely upon United States v. Lane, 464 F.2d 593 (8th Cir.), cert. denied, 409 U.S. 876, 93 S.Ct. 127, 34 L.Ed.2d 129 (1972), and United States v. Etheridge, 414 F.Supp. 609 (E.D.Va.1976......
-
Brickner v. Federal Deposit Ins. Corp.
...between the words "willful" and "continuing" in the statute reveals a clear intent to make either one an offense. See United States v. Lane, 464 F.2d 593 (8th Cir.), cert. denied, 409 U.S. 876, 93 S.Ct. 127, 34 L.Ed.2d 129 (1972), in which this court reached a similar conclusion in construi......