Zenor & Aden Obtain Dismissal of Federal Bank Fraud and False Statement Charges

Adam Zenor and Allyson Aden secured dismissal of a three-count federal indictment before trial.

On November 14, 2019, the federal government charged a local cattle farmer with two counts of bank fraud and one count of false statements. Prior to the federal charges, the bank made numerous loans to the cattle farmer over a number of years. After payments on the loans lagged, the bank called the loans and complained to the FDIC, alleging the loans failed due to the cattle farmer’s fraud.

Following the charges, the Firm carefully and thoroughly investigated the case and subpoenaed the bank for certain records. The bank’s lawyer intervened in the federal criminal case and filed papers with the court in an effort to quash the subpoena, so as to prevent the production of such records. After full briefing and hearing, the Court rejected the bank’s arguments, nearly in total. The subsequent additional production showed evidence of the bank’s knowledge of the lending risk and that the bank stood to collect insurance proceeds only if the bank’s loss was due to fraud. 

The Firm prepared the case for trial and filed its pretrial paperwork. Thereafter, the Government filed a Motion with the Court to dismiss all three federal charges.

 United States v. Boatman, SDIA Case No.: 4:19-cr-203-RGE-HCA