United States v. Bouchard, No. 14-4156 (2d Cir. 2016)Annotate this Case
Defendant was convicted of charges related to his role as a closing attorney in several real estate transactions in upstate New York from approximately 2001 until 2007. The court focused primarily on defendant's challenge to the three substantive counts of conviction involving activity directed at BNC. The court held that evidence of fraudulent activity directed at BNC is not enough to support convictions under 18 U.S.C. 1344 (bank fraud) and 1014 (false statements) solely by virtue of the fact that BNC was owned by a federally insured financial institution. Therefore, the court reversed defendant's convictions on the three substantive counts. However, the court concluded that the conspiracy to violate section 1014 count of conviction involved fraudulent misstatements made directly to a federally insured bank. Therefore, the court affirmed defendant's conviction on that count and remanded for resentencing.