Robert E. Gollaher and Gollaher Construction, Inc., a Corporation v. United States

The District Court had jurisdiction of the within case pursuant to Title 18 U. S.C. §§ 307, 1001 and 1010. This court has jurisdiction pursuant to Title 28 U. S.C. § 1291.

A fifteen count indictment was brought against Robert Gollaher and Gollaher Construction, Inc. and Evelyn Barbee. Barbee withdrew her plea of not guilty, entered a plea of guilty to Count Two and testified for the government at the trial. A verdict was returned on the first six counts only. After the verdict, Barbee was allowed to enter a plea of nolo contendere to Count Two. She was sentenced to one year in prison, but this was suspended and she was placed on probation for one year. All remaining counts against her were dismissed.

Appellants Robert Gollaher and Gol-laher Construction were found guilty on Counts One through Six. Count One charged a conspiracy to commit an offense against the United States or an agency thereof. 18 U.S.C. § 371 . Other persons were named as co-conspirators, but were not indicted.

Count Two charged a violation of 18 U.S.C. § 1010 , which provides that “whoever, for the purpose of obtaining any loan or advance of credit * * * with the intent that such loan or advance of credit…