United States v. O'Brien, No. 19-1004 (7th Cir. 2020)Annotate this Case
O’Brien was convicted of mail fraud, 18 U.S.C. 1341, and bank fraud, 18 U.S.C. 1344, based on a 2004-to-2007 scheme in which O’Brien misrepresented her income and liabilities to cause lenders to issue and refinance loans related to two Chicago investment properties O’Brien owned., O’Brien was a licensed attorney with a background and experience in the real estate industry, including as a registered loan originator, mortgage consultant, and licensed real estate broker.
The Seventh Circuit affirmed, rejecting O’Brien’s arguments that the charges against her were duplicitous and that under a properly pled indictment the statute of limitations would have barred three of the four alleged offenses. She also argued that the district court should not have admitted evidence offered to prove those time-barred offenses and that there was insufficient evidence to support the jury’s guilty verdict. The government appropriately acted within its discretion to allege an overarching scheme to commit both bank fraud and mail fraud affecting a financial institution. Each count included an execution of the fraudulent scheme within the applicable 10-year statute of limitations, and the jury’s guilty verdict rested upon properly admitted and sufficient evidence.