John Callahan v. United States
Opinion
Opinion
Byrne, J.
Appellant was charged by indictment in eight counts with violations of Title 18 U.S.C. Section 1010 . It was alleged in Counts I, III, V, and VII, that for the purpose of obtaining a loan from the First Federal Savings and Loan Association and with the intent that such loan would be offered to and accepted by the F.H.A. for insurance, appellant did willfully and knowingly cause to be made a certain false statement in a document, that is a Supplement to Mortgagee’s Application; and Mortgagor’s Statement, wherein the borrowers certified that they intended to occupy the described home when in fact the appellant well knew that at the time the statement was made, it was false in that the borrowers did not intend to occupy the home.
The allegations in Counts II, IV, VI and VIII are similar except the false statement certified by the borrowers was that they had paid $100.00 in cash toward the purchase.
The facts are undisputed that in each instance the appellant, who was an employee of Staggs Bilt Homes, Inc., contacted the borrowers and told them if they would sign the papers necessary to qualify for an F.H.A. loan, he would pay them $100.00. Several of the parties inquired as to the…