Ellis E. Neder, Jr. - Page 11

                                       - 11 -                                         
               We conclude that petitioner is collaterally estopped from              
          denying that he used mail and electronic means to obtain loans              
          from financial institutions by fraud and misrepresentation, and             
          that he was convicted of 1 count of conspiracy to defraud a                 
          financial institution, 12 counts of bank fraud, 9 counts of mail            
          fraud, 10 counts of wire fraud, 37 counts of making false                   
          statements to financial institutions, and 2 counts of                       
          racketeering under 18 U.S.C. section 1962(c) and (d) (2000).                
               Petitioner is also estopped from denying that he was                   
          convicted of violating section 7206(1) for 1985 and 1986, and               
          more specifically, that (1) he signed a tax return under the                
          penalties of perjury; (2) he did not believe the return to be               
          correct as to every material matter; and (3) he acted willfully.            
          See United States v. Edwards, 777 F.2d 644, 651 (11th Cir. 1985).           
               4. Whether Petitioner Is Collaterally Estopped From                    
                    Disputing That He Had Income in 1985 Equal to the                 
                    Portion of the Loans He Put in His Accounts                       
               Respondent contends that, as a result of his conviction                
          under section 7206(1), petitioner is collaterally estopped from             
          denying that he received and knowingly failed to report                     
          $1,372,3603 of income in 1985.  We disagree.                                
               The trial judge in petitioner’s criminal case made clear               
          that the jury was not asked to decide the amount of petitioner’s            


               3  The amount of unreported income alleged in the indictment           
          was $1,361,361.79.                                                          





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011