U.S. v. RUSK

No. 95-40884.

96 F.3d 777 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Benny L. RUSK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 23, 1996.


Attorney(s) appearing for the Case

Paul E. Naman, Office of the United States Attorney, Beaumont, TX, for plaintiff-appellee.

Dick W. DeGuerin, DeGuerin and Dickson, Houston, TX, James Michael Cleary, Jr., Bracewell & Patterson, Houston, TX, for defendant-appellant.

Before HIGGINBOTHAM, WIENER and PARKER, Circuit Judges.


ROBERT M. PARKER, Circuit Judge:

I. FACTS AND PROCEEDINGS BELOW

From 1952 to 1989, Benny Rusk worked at First State Bank of Liberty, Texas. By 1988, Rusk had become president of the bank. In addition, Rusk owned a majority of the bank's stock and was one of its directors.

On October 14, 1988, the FDIC conducted an examination of the bank. Bank examiners discovered numerous violations of banking regulations. John Schmalzer, the examiner-in-charge...

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