United States v. J. Joseph Kennedy, United States of America v. Robert J. Myers, United States of America v. Lawrence F. Carlson

Good Law
564 F.2d 1329·1977 U.S. App. LEXIS 5884
United States Court of Appeals for the Ninth CircuitNovember 28, 197776-1333, 76-1238 and 76-1880California6,871 words

Opinion

Opinion

McNICHOLS, J.

Appellants, with eleven other persons, were each named in some counts of a forty-county indictment charging conspiracy and substantive offenses relating to an overall scheme to obtain money from a federally-insured bank for the purpose of funding the purchase of an insurance business chartered in the State of Washington. A jury trial ensued and appellants were each found guilty of one or more offenses. Each perfected an appeal from the judgment of conviction, and the Government moved to consolidate these appeals, which motion was granted.

J. Joseph Kennedy (“Kennedy”), a licensed attorney, was charged in Count Five with making false statements on a bank loan application ( 18 U.S.C. § 1014 ; § 2); in Count Six with aiding and abetting the misapplication of bank funds ( 18 U.S.C. § 656 ; § 2); and in Count Seven with aiding and abetting the making of false entries on bank records ( 18 U.S.C. § 1005 ; § 2). He was convicted on all counts and sentenced to one-year imprisonment and assessed a fine of $5,000. The term of imprisonment was suspended and the appellant placed on probation.

Robert J. Myers (“Myers”), who did not testify but is apparently not gainfully employed (on a loan…

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