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U.S. v. KURLEMANN

Nos. 11-3394, 11-3544, 11-3397.

736 F.3d 439 (2013)

UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant (11-3394 & 11-3544), Plaintiff-Appellee (11-3397), v. Bernard J. KURLEMANN, Defendant-Appellant/Cross-Appellee (11-3394 & 11-3544), Eric Duke, Defendant-Appellant (11-3397).

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 2, 2013.

Attorney(s) appearing for the Case

ARGUED: Erik W. Scharf , ERIK W. SCHARF, P.A., Coconut Creek, Florida, for Appellant/Cross-Appellee in 11-3394 and 11-3544.

David E. Mills , The Mills Law Office LLC, Cleveland, Ohio, for Appellant in 11-3397.

Christopher K. Barnes , United States Attorney's Office, Cincinnati, Ohio, for Appellee/Cross-Appellant in 11-3394 and 11-3544, and for Appellee in 11-3397.

ON BRIEF: Erik W. Scharf , Erik W. Scharf, P.A., Coconut Creek, Florida, for Appellant/Cross-Appellee in 11-3394 and 11-3544.

David E. Mills , The Mills Law Office LLC, Cleveland, Ohio, for Appellant in 11-3397.

Christopher K. Barnes , United States Attorney's Office, Cincinnati, Ohio, for Appellee/Cross-Appellant in 11-3394 and 11-3544.

Jennifer C. Barry , United States Attorney's Office, Cincinnati, Ohio, for Appellee in 11-3397.

Before: GUY, SUTTON and COOK, Circuit Judges.

AMENDED OPINION

SUTTON, Circuit Judge.

Eric Duke and Bernard Kurlemann sold expensive homes to straw buyers who had little income and insufficient cash to make down payments on the sales. The effective buyers, once the scheme unraveled and the buyers defaulted, became the banks. Federal prosecutors caught wind of the deception and charged Duke and Kurlemann with making false statements to a lending institution and on top of that charged Kurlemann with bankruptcy...

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