This month, we discuss United States v. Esso,1 in which the U.S. Court of Appeals for the Second Circuit affirmed the defendant’s conviction, following a jury trial, of two counts of fraud. The court’s opinion, written by Judge Gerard Lynch and joined by Judges John Walker and Christopher Droney, considered a matter of first impression in any appellate court: whether the district court deprived the defendant of a fair trial by allowing the members of the jury, after the beginning of deliberations, to take copies of the indictment home overnight to review.
Background
In 2006 and 2007, George Esso was employed by GuyAmerican Funding Corporation, a mortgage brokerage, as a loan officer. Esso’s duties as a loan officer included finding borrowers to buy property through GuyAmerican and arranging the loans to those borrowers, for which he received commissions. The borrowers Esso and other GuyAmerican employees found, however, were not qualified for the loans for which they were applying, and, in addition, included in their applications false information. At least one borrower, with Esso’s aid, secured a loan on the basis of an application containing false income and employment information as well as misstatements about the purpose for which the property was to be used.
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