Is the evidence insufficient to support any of the 12 convictions for conspiracy to make false statements, making, and aiding and abetting in making false statements to federally insured financial institutions?

MultiRegion, United States of America

The following excerpt is from U.S. v. Goodwin, 113 F.3d 1243 (9th Cir. 1997):

Appellant has not demonstrated that the evidence was insufficient to support any of her twelve convictions for conspiracy to make false statements, making, and aiding and abetting in making false statements to federally insured financial institutions. Although Appellant concedes that there was sufficient evidence for the jury to find that the charged statements were false and were provided to a federally insured financial institution with the intent to influence a loan, she claims that insufficient evidence supports a finding of a fraudulent intent. Seidel correctly points out that direct evidence as to her state of mind was not presented as to the counts of conviction. Her argument, however, ignores the well-established rule that fraudulent intent may be established by circumstantial evidence and the inferences drawn from all the evidence. United States v. Cloud, 872 F.2d 846, 852 n. 6 (9th Cir.) (citation omitted). Likewise, the agreement necessary to the conspiracy conviction need not be explicit and may, instead, be inferred from the defendant's acts pursuant to a fraudulent scheme or from other circumstantial evidence. Id. at 852 (citations omitted). An inference of the existence of a conspiratorial agreement may also be drawn "if there be concert of action, all the parties working together understandingly, with a single design for the accomplishment of a common purpose." Id. (citations omitted).

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