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United States Court of Appeals for the District of Columbia Circuit
November 6, 1990, Argued ; December 11, 1990, Decided
[*1030] WALD, Chief Judge:
Following a trial by jury, appellant, Carrye E. Maxwell, was convicted on two counts of wire fraud in violation of 18 U.S.C. § 1343 and three counts of false personation of an officer or employee of the United States in violation of 18 U.S.C. § 912. Appellant makes the following arguments on appeal: (1) the district court erred in denying her pretrial motion to suppress evidence seized from her apartment pursuant to a search warrant that she alleges was overly broad; (2) there was insufficient evidence to support her convictions on the wire fraud counts; and (3) there was insufficient evidence to support her convictions for false personation. We reject [**2] all of these challenges and affirm appellant's convictions.
The charges against appellant arose from a complex series of financial transactions she conducted during 1985 and 1986 from her apartment in Washington, D.C. The wire fraud charges were based on appellant's solicitation of loan applications from a number of persons and the subsequent transfer of funds by two interested borrowers into an account controlled by appellant. The government's evidence, uncontradicted by appellant, showed that appellant claimed that she could procure large loans from a group of offshore lenders and that she was a trustee of funds for these lenders. The evidence further showed that appellant represented to the potential borrowers that they would have to deposit certain funds into an escrow account as evidence that they intended to complete the loan applications and accept the loans, but that these funds would be fully refunded if the lenders failed to make the loans. Appellant's activities ultimately resulted in the wire transfer of funds into this account by two of the interested borrowers, James Whatley and Robert Capuano. The loans were never funded, and the monies deposited by Whatley [**3] and Capuano were never returned.
The false personation counts were based on appellant's representations while offering bonds or large quantities of commodities for sale to three potential purchasers, Leo Hansen, Harold Gardner, and Charles Waggoner. The government's evidence, again uncontradicted by appellant, showed that appellant represented herself to these individuals as a "Special Consultant" to the United States Department of the Treasury ("Treasury Department") in connection with the U.S. Recycle Program, an enterprise appellant claimed to be operating under special authorization from the Treasury Department. She further claimed that she was authorized by the government to solicit loans in exchange for "special issue" Treasury Bonds and to sell government-owned and other commodities, with the proceeds [*1031] going to the government. The Treasury Department, in fact, had never retained appellant in any capacity and had no official connections with the U.S. Recycle Program.
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920 F.2d 1028 *; 1990 U.S. App. LEXIS 21275 **; 287 U.S. App. D.C. 234
United States of America, Appellee, v. Carrye E. Maxwell, Appellant
Prior History: [**1] Appeal from the United States District Court for the District of Columbia; Criminal No. 88-00167-01.
wire fraud, funds, interstate, loans, search warrant, fraudulent, seized, convictions, counts, personation, suppression, apartment, overbroad, records, wire, wire communication, scheme to defraud, foreign commerce, borrowers, deposited, executing, defraud, lenders, words
Constitutional Law, Fundamental Rights, Search & Seizure, Warrants, Criminal Law & Procedure, Search Warrants, Particularity Requirement, General Overview, Civil Procedure, Judicial Officers, References, Affirmations & Oaths, Examination Upon Application, Governments, Courts, Judges, Exclusionary Rule, Exceptions to Exclusionary Rule, Good Faith, Reasonable Reliance Upon Warrant, Fraud, Wire Fraud, Elements, Eavesdropping, Electronic Surveillance & Wiretapping, Scope of Search Warrants, Legislation, Overbreadth, Probable Cause, Fraud Against the Government, Mail Fraud, Appeals, Reversible Error, Evidence, Weight & Sufficiency, Penalties, False Pretenses