United States v. Blackburn

DUHÉ, Circuit Judge:

I. BACKGROUND

Philip Blackburn and Nickolas Lutz worked together in the home construction business. In August 1989, Blackburn and Lutz met with officers of First Western National Bank (“FWNB”), a federally insured financial institution, to discuss construction financing. Sometime after the meeting, Lutz wrote a letter to FWNB stating that Lutz Homes, Inc. wished to obtain a loan in the amount of $285,900 to build a speculative home. 1

As part of the loan package, a Lutz Homes financial statement and Lutz’s personal financial statement were submitted. Additionally, the bank…