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U.S. v. COLTON

Nos. 99-4142, 99-4185.

231 F.3d 890 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel I. COLTON, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Daniel I. Colton, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: November 3, 2000.

Attorney(s) appearing for the Case

ARGUED: Walter Estes Dellinger, III, O'Melveny & Myers, L.L.P., Washington, D.C., for Appellant. Dale Preston Kelberman, Assistant United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: Brian D. Boyle, Jonathan D. Hacker, O'Melveny & Myers, L.L.P., Washington, D.C., for Appellant. Lynne A. Battaglia, United States Attorney, Baltimore, Maryland, for Appellee.

Dale Preston Kelberman, Lynne A. Battaglia, Assistant United States Attorney, Baltimore, Maryland, for Appellee.

Before LUTTIG and MOTZ, Circuit Judges, and GODBOLD, Senior Circuit Judge of the United States Court of Appeals for the Eleventh Circuit, sitting by designation.

No. 99-4142 affirmed in part and remanded in part and remanded in part and No. 99-4185

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge LITTIG and Senior Judge GODBOLD joined.

DIANA GRIBBON MOTZ, Circuit Judge:

This appeal requires us to determine whether the federal bank fraud statute criminalizes failures to disclose material information to a financial institution only if those failures breach some independent legal disclosure...

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