United States v. Robert Pitner, United States of America v. David M. Hanson

Pitner and Hanson appeal their convictions and sentences. Both defendants contend the district court erred by failing to instruct the jury properly regarding knowledge and willfulness, mens rea elements of the crimes for which they were convicted. Pitner also contends the evidence presented at trial was insufficient to sustain his conviction. The remaining issues appealed by Pitner and Hanson were addressed in a separate, unpublished memorandum; 967 F.2d 595 .

We have jurisdiction under 28 U.S.C. § 1291 (1988).

BACKGROUND

Hanson was the president of LendVest Mortgage, Inc. (LendVest), a company in the business of originating residential mortgage loans. In 1987 LendVest received $200,000 cash from an investor who requested the transaction remain confidential. Hanson was aware banks were required to file currency transaction reports (CTRs) for deposits of $10,000 or more; therefore, the investor’s desire for confidentiality would be defeated if Hanson deposited the $200,000 as a lump sum in LendVest’s corporate account.

Hanson consulted certain LendVest employees who had banking experience about ways the CTR requirement could be circumvented. As a result of these discussions,…