United States v. Robert A. Markee

Following a trial before a jury, Robert A. Markee was convicted of causing false representations to be made to the Federal Housing Administration (FHA) in violation of 18 U.S.C. § 1001 (1964). The false representations were contained in two documents, a sales report and an accountant’s financial statement, submitted to the FHA in connection with an application by Mt. Angel Towers, Inc., a retirement home developer, for initial endorsement for mortgage insurance under Section 231 of the National Housing Act, as amended, 12 U.S.C. § 1715v (1964). Appellant, the exclusive sales agent for Mt. Angel Towers, was indicted because the false representations concerned the number of pre-sold units in the development. Count I of the indictment, upon which appellant stands convicted, is set forth in the margin.

On appeal, Markee concedes that the representations contained in the two documents were false and fictitious, but challenges the sufficiency of the evidence to show that he willfully caused either of the documents to be submitted to the FHA within the meaning of 18 U.S.C. § 2 (b) (1964). Appellant also contends that Count I should have been dismissed because that count failed to…