United States v. John Thomas Tuohey

John Thomas Tuohey appeals his conviction following a guilty plea to the criminal conspiracy count of a multicount indictment for bank fraud. Tuohey argues that the conspiracy charge did not constitute a crime or, in the alternative, that it constituted a misdemeanor rather than a felony. We affirm.

I

Tuohey conspired with other individuals to gain control of the Bank of Northern California without reporting the transaction to the Federal Deposit Insurance Corporation (“FDIC”). Although the conspirators planned to hold 51 percent of the shares as a group, they purchased the stock as individuals, each conspirator purchasing fewer than ten percent of the shares. They thus evaded the reporting requirements applicable to changes in control of federally insured banks. 12 U.S.C. A. § 1817(j) (West Supp.1988). Willful violation of the requirements is punishable by a civil fine only. Id, at § 1817(j)(16).

Tuohey and other conspirators were indicted on various charges, among which was count I, conspiracy “to defraud the United States ... by interfering with and obstructing the FDIC’s lawful government function of administering the provisions of the Change in Bank Control Act of 1978 to…