Delbert Henry Witt v. United States

Appellant was convicted on two counts of a three count indictment charging violations of 18 U.S.C. § 1010 , knowingly making a false statement to secure a Federal Housing Administration (FHA) insured loan. Appellant asserts several procedural and evidentiary errors. We affirm.

The case below turned on appellant’s wrongful intent at the time of obtaining two FHA insured loans. It is undisputed that he did not make any substantial effort to apply the funds to the home improvement purposes stated in his applications. Appellant contended that a series of personal and economic misfortunes thwarted his good intentions. The Government contended that the prompt transfer of the loaned funds from a personal account to a business account indicated the necessary wrongful intent at the time of application for the loans.

Appellant makes five contentions on appeal.

I

Appellant contends the trial court permitted improper cross-examination of him as a witness concerning ownership of a private airplane. He had listed the aircraft on a collateral statement given as part of the loan application. The Government challenged appellant’s statement of ownership. Appellant maintains that this…