with the evidence of trial according to the underwriter on this loan was that this document contained was a conditional approval letter that was sent to the defendant mr o'donnell who was the mortgage loan originator in this case but who was seeking to obtain nearly all of the proceeds from this particular loan for himself that this proves that this was noticed to him the conditions that had to me matt if we were the loan would actually be finally approved in the letter contains specific conditions multiple conditions that were directed specifically to this woman application and the lender and her her credit history and other documents that needed to be submitted in mr o'donnell at mid and stipulated trial that he received this letter and he responded to it but document he responded by fax which he did send back to countrywide home loan mortgage the mortgage company already responded with with specific documentation fraudulent documentation concerning their lenders  credit history and other matters he he flourished her signature on several documents which contained information purportedly about her credit history he provided a letter and admitted that he stipulated to a letter that was a fragile letter from an accountant that made representations concerning his knowledge about the loan applicants tax returns and her in all those things stipulated that they were fraudulent and he submitted all of these in response to this rather this letter was important because it was necessary for the loan to be processed and to be approved it was important as i said f o'donnell because he had it in the first part of this transaction the first mortgage he had fronted thirty seven thousand dollars in order to allow that loan to close this was how he was getting his money back and he would be out this money so this was this important and at a very important document essential to getting this loan approved and finally funded so he could get his money back the the statement that it had been submitted to countrywide home loans comes at the top of the second page as the court will see when the court refused the document one point one two it was reasonable for judges were wrong to conclude that given the importance of this document that was true donal read the entire first page and there was no way that mr o'donnell could know that there were not additional conditions on the second page unless he turned to the second page and the first thing that he read when he turned the second country right home loans and countrywide bank were entities that were subsidiaries of countrywide financial corporation so they were affiliated entities and there was evidence that that countrywide home loans employees including the the underwriter in this particular case that he underworld loans that were funded by countrywide bank and country right home defraud generally the government's position is that based on the stipulation and all of the evidence mr o'donnell is intent to defraud and his intent to obtain money or property by means of false and fraudulent pretenses conclude that when one submits a loan application to a bank that a bank is going to be providing funds to for that loan and since he involvement of a bank is not enough for bank fraud the fact that a bank may be quote involved in some ways away is not enough this is not integrated transaction life like the transaction that this court addressed in the  anonymous with all the other documentation that he was dealing with all of which was with the mortgage company is simply no proof that he specifically intended to defraud it and somehow didn't somehow magically transform his state of