United States v. Eugene Britton, 9 F.3d 708 (8th Cir. 1993). · Go Syfert
United States v. Eugene Britton, 9 F.3d 708 (8th Cir. 1993). Cases Citing This Book View Copy Cite
32 citation events (13 in the last 25 years) across 5 distinct courts.
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Cited for
At page 709 Defining scheme to defraud under bank fraud statute10 citing cases“knowingly executed a scheme to defraud a federally insured bank.”3 citing courts quote it · 9 listed here
  • United States v. Scott Daniel Johnson, 169 F.3d 569 (8th Cir. 1999).published 4 cites
    (A scheme violates § 1344(a) if the scheme is a departure from fundamental honesty, moral uprightness, or fair play and candid dealings in the general life of the community.)
  • United States v. Ryan Randall Gilbertson, 970 F.3d 939 (8th Cir. 2020).published
    Rather, it is “a departure from fundamental honesty, moral uprightness, or fair play and candid dealings in the general life of the community.” United States v. Britton, 9 F.3d 708, 709 (8th Cir. 1993). “[M]any courts have construed the te…
  • United States v. John Steffen, 687 F.3d 1104 (8th Cir. 2012).published 2 cites
    As noted above, we have previously characterized a scheme to defraud as “a departure from fundamental honesty, moral uprightness, or fair play and candid dealings in the general life of the community.” Britton, 9 F.3d at 709 (citation omit…
  • United States v. Steffen, 753 F. Supp. 2d 903 (E.D. Mo. 2010).published
    The bank fraud statute condemns schemes designed to deceive in order to obtain something of value.' Sheahan, 31 F.3d at 600 citing United States v. Britton, 9 F.3d 708, 709 (8th Cir.1993) quoting United States v. Goldblatt, 813 F.2d 619, 6…
  • United States v. Kenrick, 221 F.3d 19 (1st Cir. 2000).published
    Several other circuits have also quoted with approval the same language from Goldblatt, or its similar statement, 813 F.2d at 624 , that "[t]he bank fraud statute condemns schemes designed to deceive in order to obtain something of value."…
  • United States v. Darrell Dean Van Brocklin, United States of Am. v. Travis Edward Atterberry, United States of Am. v. Lawrence Kermit Pyatt, United States of Am. v. Susan Kay Hastings, 115 F.3d 587 (8th Cir. 1997).published
    To prove a violation of § 1344, the government must show that defendants "knowingly executed a scheme to defraud a federally insured bank." United States v. Britton, 9 F.3d 708, 709 (8th Cir.1993).
  • United States v. Darrell Van Brocklin, 115 F.3d 587 (8th Cir. 1997).published
    To prove a violation of § 1344, the government must show that defendants “knowingly executed a scheme to defraud a federally insured bank.” United States v. Britton, 9 F.3d 708, 709 (8th Cir.1993).
  • United States v. Michael Sheahan, 31 F.3d 595 (8th Cir. 1994).published 2 cites
    To prove a section 1344 violation, the government must show that the defendant "executed a scheme to defraud a federally insured bank." United States v. Britton, 9 F.3d 708, 709 (8th Cir.1993).
  • United States v. Paul Hansmeier, 988 F.3d 428 (8th Cir. 2021).published
    See, e.g., United States v. Britton, 9 F.3d 708, 709 (8th Cir. 1993) (per curiam) (defining a scheme to defraud as “a departure from fundamental honesty, moral uprightness, or fair play and candid dealings in the general life of the commun…
At page 712 cited at this page2 citing cases
  • Howell v. Leprino Foods Co., No. 1:18-cv-01404 (E.D. Cal. Mar. 23, 2022).
    Multi–Cinema, Inc., 623 9 F.3d 708, 712 (9th Cir. 2010). 10 11 DISCUSSION 12 A. Leprino’s Motion to Strike 13 Leprino moves to strike eight declarations submitted by Howell in support of his motion 14 for class certification on the ground…
  • Ochoa v. T-Mobile USA, Inc., No. 4:20-cv-02306 (N.D. Cal. July 20, 2020).
    Health Plan, Inc., 244 9 F.3d 708, 712 (9th Cir. 2001)).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Eugene BRITTON, Appellant
93-2244.
Court of Appeals for the Eighth Circuit.
Nov 17, 1993.
Published opinion
9 F.3d 708
1993 U.S. App. LEXIS 29692
1993 WL 468629
Daniel T. Moore, Poplar Bluff, MO, argued, for appellant., Michael A. Price, Asst., U.S. Atty., Cape Girardeau, MO, argued, for appellee.
Fagg, Bowman, Loken.
Cited by 14 opinions  |  Published
PER CURIAM.

Eugene Britton appeals his jury conviction for bank fraud under 18 U.S.C. § 1344(a) (1988). Viewing the evidence in the light most favorable to the jury’s verdict, United States v. Barnhart, 979 F.2d 647, 650 (8th Cir.1992), the Government established the following facts. Britton purchased a 16-foot utility trailer from a trailer manufacturer for $1100, using funds from a company owned by Darlene Stratton, Britton’s sister-in-law. Britton then transferred the trailer’s title to Stratton. To pay for the trailer, Stratton applied for a loan from a federally insured bank, pledging the trailer as collateral. Stratton misrepresented to the bank that she purchased the trailer from Britton for $25,-000. Britton obtained appraisals of 40-foot traders, valued at about $25,000, and Strat-ton delivered the appraisals to the bank. After glancing at an appraisal of a 40-foot trailer, a bank official loaned Stratton $25,-000, taking a security interest in the 16-foot trailer. On the same day, Stratton paid off a $19,700 loan Britton had with the bank. When Stratton defaulted on the loan a short time later, the bank attempted to find the trader. Britton concealed the trader’s location and transferred the trader without its serial number.

Britton contends the evidence is not sufficient to support his conviction. We disagree. To establish bank fraud under § 1344(a), the Government needed to prove Britton knowingly executed a scheme to defraud a federady insured bank. See 18 U.S.C. § 1344(a)(1); Barnhart, 979 F.2d at 650 (government must show that scheme to defraud existed). Contrary to Britton’s view, the Government did not have to show Britton made false representations. See United States v. Schwartz, 899 F.2d 243, 246 (3d Cir.) (distinguishing §§ 1344(a)(1) and 1344(a)(2)), cert. denied, 498 U.S. 901, 111 S.Ct. 259, 112 L.Ed.2d 217 (1990). The Government also did not have to show Britton personally benefitted from the scheme or the bank was actuady defrauded. See United States v. Goldblatt, 813 F.2d 619, 624 (3d Cir.1987). A scheme violates § 1344(a) if the scheme is “a departure from fundamental honesty, moral uprightness, or fair play and candid dealings in the general life of the community. The bank fraud statute condemns schemes designed to deceive in order to obtain something of value.” Id.

Construing all reasonable inferences in the Government’s favor, Barnhart, 979 F.2d at 650, a reasonable jury could find that Britton was the straw man between Stratton and the trailer manufacturer, enabling Stratton to misrepresent the trailer’s purchase price to the bank; that Britton furthered the ruse by securing appraisals of $25,000 trailers for the bank; and finally, that Britton concealed the trailer to prevent discovery of the scheme. Thus, it was reasonable for the jury to find beyond a reasonable doubt that Britton knowingly participated in a scheme to defraud the bank. See United States v. Karunatileka, 820 F.2d 961, 966 (8th Cir.1987) (scheme to defraud may be inferred from circumstantial evidence).

Accordingly, we affirm.