Max Shayne and Irving Shayne v. United States

Notice of appeal in this matter was filed on behalf of two defendants, Max Shayne and Irving Shayne. During the pendency of the appeal Max Shayne died, so in disposing of the appeal we will discuss the questions raised only as they may concern the appellant Irving Shayne. The indictment returned by the Grand Jury on January 4, 1956 contained nine counts charging the appellants essentially as follows:

Count I, from June 1952 to April 1953 appellants Max Shayne and Irving Shayne conspired together and with other persons (a) to defraud the United States by causing the Federal Housing Administration to insure and guarantee loans for home improvements by reasons of false and fraudulent written statements which would be made pursuant to said conspiracy and which loans Would not otherwise be so insured and guaranteed; (b) to commit certain offenses against the United States in violation of Sections 1010 and 2 of Title 18 United States Code, by causing to be passed, Uttered' and published certain false statements to lending institutions, for the purpose of obtaining for certain applicants loans and advances of credit from said lending institutions, with the intent that such' loans and…