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U.S. v. GILBERG

No. 95-1586.

75 F.3d 15 (1996)

UNITED STATES of America, Plaintiff, Appellee, v. Gary S. GILBERG, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 31, 1996.

Attorney(s) appearing for the Case

Gary C. Crossen, with whom Toni G. Wolfman, Mark D. Rosen, Cindy M. Lott and Foley, Hoag & Eliot, Boston, MA, were on brief, for appellant.

Wan J. Kim, Attorney, Department of Justice, Washington, DC, with whom Donald K. Stern, United States Attorney, Boston, MA, Mark D. Seltzer, Acting Director, New England Bank Fraud Task Force, and James P. Gillis, Washington, DC, Trial Attorney, New England Bank Fraud Task Force, were on brief, for appellee.

Before SELYA, CYR and STAHL, Circuit Judges.

CYR, Circuit Judge.

Defendant Gary S. Gilberg challenges several district court rulings relating to his trial and sentencing for conspiring to make, and making, false statements to financial institutions in order to procure mortgage loan financing, see 18 U.S.C. §§ 371 & 1014. We affirm all but the restitutionary sentence.

I

BACKGROUND

During the 1980s, after borrowing almost $5 million which he agreed to repay...

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