United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
(Argued November 13, 2000 - Decided July 18, 2001)
October 12, 2001
Before
Hon. HARLINGTON WOOD, JR., Circuit Judge
Hon. MICHAEL S. KANNE, Circuit Judge
Hon. DIANE P. WOOD, Circuit Judge
No. 00-1215
UNITED STATES OF AMERICA, Appeal from the United States
Plaintiff-Appellee, District Court for the
Central District of Illinois.
v.
No. 98-40028-001
DANIEL A. KOSTH,
Defendant-Appellant. Michael M. Mihm, Judge.
ORDER
The opinion issued by this court on July 18, 2001 is amended as follows.
On Page 15, the second full paragraph of the published opinion in this matter is deleted, and
in its place the following language is substituted:
3. Count III
This court charged that Kosth knowingly made and caused to be made
a false and fraudulent document when, on August 24, 1994, he submitted to
the SBA the loan authorization and agreement providing for the $151,000
SBA loan to Hillcrest. The count went on to allege that in that agreement,
Kosth “caused it to be falsely represented to the SBA” that “the proceeds of
No. 00-1215 Page 2
the loan would be used solely to rehabilitate and replace Hillcrest property
damaged and destroyed by disaster flooding,” when he knew that “a purpose
of the application for an SBA disaster loan was to generate financial profit for
Bi-State Developers [which he owned] so that the profit could be used to pay
off preexisting debt of Hillcrest.” Once again, from the perspective we are
required to use in evaluating a jury’s verdict and a district court’s denial of a
motion for new trial, we see nothing that requires reversal.
On consideration of the petition for rehearing and rehearing en banc filed on August 15, 2001
by counsel for the Defendant-Appellant Kosth, all members of the original panel have voted to DENY
the petition for rehearing. No judge in regular active service has requested a vote on the petition for
rehearing en banc.
Accordingly, it is ORDERED that rehearing and rehearing en banc are hereby, DENIED.