United States v. Dirk Mayberry

Following a bench trial, Mayberry was convicted on one count of conspiring to defraud the United States, in violation of 18 U.S.C. § 371 , and on nineteen counts of causing false material statements to be made in a matter under the jurisdiction of an agency of the United States, in violation of 18 U.S.C. §§ 1001 and 1002. Mayberry appeals on the grounds of insufficiency of evidence and multiplicity of counts. We affirm in part, reverse in part, and remand for resentencing.

I

Dirk Martin Mayberry, a real estate broker, arranged nine separate transactions in which his clients purchased property by means of federally insured mortgages. In order to qualify for assistance, Mayberry’s clients filed applications and supporting documents with the Department of Housing and Urban Development (“HUD”). Much of the information provided to HUD was either false or misleading. For example, actual down payments made by some purchasers were considerably smaller than was represented to HUD; money said to have been paid in settlement costs had in fact never changed hands; and cash assets reported by purchasers included substantial sums that Mayberry deposited into the purchasers’ accounts for very…