United States v. Susan Doris Phillips, A/K/A Cheryl Olson, A/K/A Susan Doris Herbst

Susan Doris Phillips appeals from convictions, after separate jury trials, of one count of making a false statement in a loan application, in violation of 18 U.S.C. section 1014 , and one count of making a false oath in a bankruptcy petition, in violation of 18 U.S.C. section 152 . Appellant cláims that in both cases reversal is required because it is possible that each conviction is based upon a false statement as to an immaterial fact. Appellant also claims that the government failed to meet its burden of proving that the credit union was federally insured. We disagree, and affirm both convictions.

Appellant was charged with having completed a loan application at the Bercut Richards Employees Federal Credit Union in which she falsely stated her social security number, her date of birth, and the names of her other creditors. When instructing the jury, the judge read the allegations of the superseding indictment, which included each of these three false statements. The court further instructed the jury that it could convict only if it concluded that the false statement was one “concerning a material matter upon an application for a loan

Appellant concedes that the failure to…