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Note: The U.S. District Court for the Southern District of Ohio, Western Division, Black, J., denied Appellant's motion for judgment of acquittal and motion for a new trial in a criminal case in which Appellant "conspired to defraud the [U.S.] Small Business Administration (SBA) and Mutual Federal Savings Bank (MFSB) by misrepresenting and concealing material facts in order to obtain approval of a loan and distribution of the loan proceeds."

Apparently, the governmentally guaranteed loan was intended, among other things, to fund a commercial LC issued by Mutual Federal Savings Bank. Appellant was charged with fabricating invoices and shipping documents, and in particular a packing list for its tire-recycling plant, falsely showing that equipment was being shipped from Australia on a date earlier than the actual one, to achieve release of the full amount of its loan proceeds under the terms of a letter of credit obtained by the government for the benefit of Appellant.

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