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UNITED STATES v. LUTZ

Nos. 78-2969, 78-2978, 78-2970 and 78-3008.

621 F.2d 940 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Jerome P. LUTZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jack D. STEWART, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Perry A. WHITE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee. v. Larry ZITEK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 9, 1980.

Attorney(s) appearing for the Case

David S. Teske, Des Connell, Susan Elizabeth Reese, Tommy Hawk, Portland, Or., for defendants-appellants.

William Otis, Atty., U.S. Dept. of Justice, Washington, D.C., argued, Louis M. Fischer, Washington, D.C., on brief, for plaintiff-appellee.

Before KILKENNY and WALLACE, Circuit Judges, and JAMESON, District Judge.

WALLACE, Circuit Judge:

Lutz, Stewart, White, and Zitek appeal their convictions for mail fraud and wire fraud in violation of 18 U.S.C. §§ 1341, 1343, and 2. We affirm.

I.

In October 1975, Stewart and Lutz organized Nation-Wide Funding, Inc. (Nation-Wide), a loan-brokerage firm whose advertised goal was to find financial backing for high-risk borrowers. The evidence at trial established that Nation-Wide personnel obtained thousands of...

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