2018 Supreme(US)(ca7) 141
COURT OF APPEALS FOR THE SEVENTH CIRCUIT
Manion dissents
United States – Appellant
Versus
Daniel Ballard – Respondent
United States Court of Appeals For the Seventh Circuit ____________________ No. 17‐2640 UNITED STATES OF AMERICA, Plaintiff‐Appellant,
v. DANIEL BALLARD, Defendant‐Appellee. ____________________
Appeal from the United States District Court for the Central District of Illinois. No. 15‐cr‐20022 — James E. Shadid, Judge. ____________________
ARGUED FEBRUARY 15, 2018 — DECIDED MARCH 19, 2018 ____________________
Before BAUER, FLAUM, and MANION, Circuit Judges. FLAUM, Circuit Judge. The government alleges Daniel Bal‐ lard fraudulently obtained construction loans from a bank. After Ballard was convicted on three counts of bank fraud, his attorney obtained a previously undisclosed audio recording of an adverse witness in Ballard’s trial, made during the course of a prior, unrelated criminal investigation. Ballard moved for a new trial as a result of this newly discovered ev‐ 2 No. 17‐2640 idence. The district court found certain portions of the record‐ ing favorable and material to Ballard’s defense and granted him a new trial. The United States appeals. We affirm. I. Background Ballard’s alleged fraudulent scheme was as follows: Bal‐ lard obtained a $280,000 construction loan from the State Bank of Herscher (“SBH”) to construct a residence at 3013 Stone Fence Drive in Kankakee, Illinois (“the Stone Fence Prop‐ erty”). After some time, he realized he was “in over his head” and requested an additional $90,000 loan to finish the prop‐ erty. As there was insufficient equity to cover the requested amount, SBH only lent him $20,000. To make up the balance, Ballard sought and obtained construction loans on two other properties in Bradley, Illinois: 411 North Center and 248 North Center (“the North Center Properties”). Joseph Grant was the SBH loan officer for all three properties. To obtain funds under the loans, Ballard was required to submit Sworn Contractor’s Statements and Owner’s Payment Authorizations to the Kankakee County Title Company (“KCTC”). On the forms, Ballard identified the material and labor costs supposedly associated with his work on the North Center Properties. KCTC forwarded the forms to SBH, which then released funds back to KCTC to disburse to Ballard. In total, Ballard obtained approximately $188,000 for the North Center Properties. In reality, however, no work was ac‐ tually performed; instead, Ballard used the funds to complete construction on the Stone Fence Property. On March 21, 2012, an SBH employee discovered Ballard’s scheme. When con‐ No. 17‐2640 3 fronted by Charles Riker, the president of SBH, Ballard alleg‐ edly acknowledged that he had misrepresented his work on the North Center Properties. On June 2, 2015, Ballard was charged with three counts of bank fraud in violation of 18 U.S.C. § 1344. At trial, Ballard admitted that he had misdirected funds allocated for the North Center Properties to the Stone Fence Property. How‐ ever, he maintained two separate legal defenses. The first was a “good faith” defense—Ballard asserted that Grant and his supervisors not only knew, but authorized Ballard’s acts and pressured him to complete the Stone Fence Property. Second, Ballard claimed he did not read or sign the supposedly fraud‐ ulent loan documents prior to their submission to KCTC, and implied that someone else forged his signature.1
1 The government sought to exclude B