United States v. Joseph Singfield Miller, Sherri A. Atkinson, Golden West Escrow Company, Earl J. Harrington

Appellants Joseph Miller, Sherri Atkinson, Earl Harrington, and Golden West Escrow Company (Golden West) were convicted of conspiracy to commit mail fraud, and to make or cause to be made false statements to federally insured savings and loan associations in violation of 18 U.S.C. §§ 371 , 1341, and 1014. They were also convicted on fourteen substantive counts of making and causing the making of false statements to federally insured savings and loan associations, in violation of 18 U.S.C. § 1014 , and of mail fraud, in violation of 18 U.S.C. § 1341 . Miller was also convicted of seven additional counts of mail fraud and one other count of making false statements to a federally insured savings and loan association. Golden West was also convicted of another count of mail fraud.

On appeal, appellants assert that the district court improperly interpreted the mail fraud statute. They also assert that the evidence is insufficient to sustain their convictions and that the district court made erroneous evidentiary rulings.

The evidence showed that all appellants participated in a fraudulent scheme which purported to assist seven homeowners to avoid the foreclosure of their homes.…