United States v. Gerhart

Facts

D applied to the First National Bank for a loan in the amount of $56,011.10 and fraudulently listed as a personal asset an account receivable from the Washington Heights Maplenoll Apartments in the amount of $50,000. construction project and accepted a final settlement of $45,079.86 from Maplenoll Construction Company. D received two checks from Maplenoll: No. 105 in the amount of $40,247.46 payable jointly to the defendant and the Internal Revenue Service (IRS) and No. 106 in the amount of $4,822.40 payable to D alone. D presented the bank with photocopies of the two checks, but the amount on the photocopy of check No. 106 was illegible. The figures were altered or smudged so as to read '$54,822.40' rather than '$4,822.40.' D had also written across the copy of check No. 105, 'the other check is for $54,822.40 Check No. 106', and he told the bank that check No. 106 had mistakenly been sent to the IRS. D represented falsely that the July 1972, settlement with Maplenoll had been for $95,079.86 rather than $45,079.86. D presented to the bank a copy of the settlement agreement that had been altered to show $95,079.86 rather than the correct figure of $45,079.86, again demonstrating an unmistakable intent to deceive and mislead. The bank started to verify the information and based on that information it surrendered the photocopies of both checks to the authorities after the bank made photocopies. The Iowa agency lost the original photocopies. P introduced the second photocopy of check No. 106 that was made by the bank. Bank officer Stinson and Special Agent Smith testified that they had viewed both the first and second photocopies and that, with the exception of some handwriting not seen by the jury, the exhibited copy accurately reproduced the original photocopy of the check. The court allowed the photocopy of the photocopy into evidence. D was convicted and appealed. 

Issues

Rule of Law

Holding and Decision

Legal Analysis

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