Home -> Law Blog Directory -> Criminal Law Blogs -> Tenth Circuit Blog

Criminal Law

: Tenth Circuit Blog

Rancher Who Sold Cattle that were Security for Loans Convicted of Bank Fraud

By Shari Allison

United States v. Bowling, ___ F.3d ___ , 2010 WL 3547710 (10th Cir. 2010) (Ok). Cattle rancher loses his appeal on bank fraud convictions. He had taken out loans over the years to run his cattle operation, secured by cattle, equipment, and land, ran a line of credit and, with the bank?s knowledge, generally did not comply with agreements to give notice to the bank whenever he sold any cattle. Lo, one year he stopped paying back his loans and lo, an audit showed that all the cows were gone. Sold. (Not stolen or levitated and mutilated by aliens as he told the bank). THE BIG issue in the case: the COA held that Defendant was not entitled to a separate good faith defense jury instruction, and that good faith is encompassed within the general specific intent instruction given for bank fraud; the COA had earlier overruled United States v...continue to full post

Full post as published by Tenth Circuit Blog on September 20, 2010 (boomark / email).