McGuire was an employee of First National Bank of Grayson (FNBG). FNBG participated in a Kentucky Housing Corporation (KHC) program in which KHC loaned money to financial institutions. The institutions would then make low-interest loans to low-income

individuals who qualified for purchase of a home. FNBG received the funds and produced bogus paperwork for 80 loans but never loaned the money. Instead, they invested the money at a high rate of interest. Eventually the money was returned to KHC, but McGuire was charged with making false records and fraud. Can McGuire, as an employee, be held liable?


The court held yes because he did all the work and knew the purposes of the paperwork and the investment. The scheme defrauded the government agency of funds that could have been used for low-income housing. U.S. v. McGuire, 744 F.2d 1197 (11th Cir. 1984).

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