United States v. Nicholas Lindsey

MEMORANDUM

Nicholas Lindsey appeals his jury conviction and sentence for nine counts of wire fraud in violation of 18 U.S.C. § 1343 and one count of aggravated identity theft in violation of 18 U.S.C. § 1028A. The district court sentenced Lindsey to consecutive sentences of 108 months for wire fraud and 24 months for identity theft. The court also imposed $2,286,911 in restitution. Lindsey timely appealed. We have jurisdiction under 18 U.S.C § 3742(a) and 28 U.S.C. § 1291 . In an opinion filed concurrently with this memorandum disposition, we hold that lender negligence in verifying loan application information, or even intentional disregard of the information, is not a defense to fraud, so evidence of such negligence or intentional disregard is inadmissible as a defense against charges of mortgage fraud. We further hold, as a matter of law, that when a lender requests specific information in its loan applications, false responses to those requests are objectively material for purposes of proving fraud. In this memorandum disposition, we address the remainder of Lindsey’s claims, affirming in part as to the convictions, and vacating the sentence and remanding because of our…