United States v. Graham Mortgage Corp., Richard E. Chapin, Thomas P. Heinz

PECK, Senior Circuit Judge.

This appeal involves the issue of whether, for purposes of a criminal prosecution involving § 8(a) of the Real Estate Settlement Procedures Act of 1974 (RESPA), 12 U. S.C. § 2607(a), 1 the making of a mortgage loan is a settlement service. Before this court appellants contend that the making of mortgage loans at a reduced charge of points 2 in exchange for referrals of mortgage loan applicants, which was the substantive activity the indictment alleged to be illegal, is not prohibited by § 8(a) of RESPA because the making of a mortgage loan is not “a real estate…