United States v. Nicholas Lindsey

We address the admissibility of certain evidence in mortgage fraud cases. We affirm the convictions, rejecting' appellant’s contentions that evidence was improperly excluded and that he was denied the ability to present a defense. In- a separate memorandum disposition filed concurrently, we reject other challenges to the convictions and some challenges to the sentence.

Nicholas Lindsey, a former mortgage loan officer and real estate broker, appeals his convictions and sentence for nine counts of wire fraud and one count of aggravated theft. For several years, Lindsey was involved in a complex mortgage fraud scheme that involved convincing individuals to “buy” residential properties in exchange for financial assistance. In some eases, Lindsey built up these individuals’ credit ratings and deposited money into their bank accounts in order to fraudulently secure mortgages. He also submitted falsified loan documents to lenders in order to make the individuals appear more creditworthy, including falsely stating the applicants’ earned income. The properties secured through this scheme were destined for foreclosure, creating large losses for financial institutions while Lindsey…