United States v. Jerry D. Smith, Paul D. Smith, and G. Michael Kirchoff

G. Michael Kirchoff, Jerry D. Smith, and Paul D. Smith appeal their convictions of various crimes in connection with the defrauding of Queen City Savings and Loan Association (the Savings and Loan). We affirm the conviction of all three defendants.

PROCEEDINGS

1. The Indictment

The two Smiths, who are brothers, Kir-choff and J. Kip Boyd, were charged in count 1 with a conspiracy with four objectives: to defraud the United States and its agency, the Federal Home Loan Bank Board (the Bank Board) by obstructing the Bank Board’s function of safeguarding the integrity of the Savings and Loan; to carry out wire fraud upon the Savings and Loan and its wholly-owned subsidiary, Queen City Inc. (QCI); to make false statements to influence the Savings and Loan; and to make false entries on its books and those of QCI, all with the purpose of obtaining money for the Smith brothers, their families and businesses, in violation of 18 U.S.C. § 371 .

Counts 2 to 10 charged the Smiths and Kirchoff With specific acts of wire fraud; count 11 charged these defendants and Boyd with a specific act of wire fraud, in violation of 18 U.S.C. §§ 1343 and 2. Count 12 charged the Smiths with making a false…