United States v. Fontenot, Jr.

The United States appealed the district court's dismissal of a superseding indictment because it did not state a crime against defendant for knowingly and willfully making false statements to a financial institution insured by the FDIC and knowingly making false statements for the purpose of influencing the action of a bank insured by the FDIC. Defendant made the allegedly false statements on loan applications to refinance his residence where he failed to list an illegal campaign loan under "outstanding debts." The court agreed with the district court's conclusion that defendant's statements were literally true because the illegal loan was an absolute nullity and consequently was not a debt that ever existed.