The government argued to the jury that the lies in the deposition were part of the scheme. The defendant had the opportunity to rebut this contention. Tony Houran was properly convicted of aiding and abetting bank fraud in violation of 18 U.S.C. S 1344 and S 2. The Loans To The HCC Subsidiaries. The misrepresentation of hisfinances that accompanied the guarantees is not disputed on appeal.
Bank fraud is established.
The Webster Avenue Loans. A new entity, Webster Avenue Corporation, opened an account at BBV, and, as the apparent seller of the lots and builder of the houses, became the recipient of these funds. The scheme to defraud is alleged to have run from June 1991 to the date of the indictment, October 3, 1995. The government points to the checks drawn in August and September 1991 which helped hide the trail and diverted the money from the nominal borrowers to HCC 4 and to the personal needs of the Hourans. The government adds that it proved that Tony Houran was aware of the fraudulent nature of the Webster Avenue loans since he was present at the HCC office when the nominal borrowers signed the loan papers, and he was made aware of the infusion of money into the Petra account.