Supreme Court Denies Cert in UDF Case, Upholding Four Convictions

The United States Supreme Court on Monday declined to review the United Development Funding (UDF) case, allowing a Fifth Circuit decision upholding the convictions of four company executives to stand, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.

In January 2022, a federal jury convicted UDF CEO Hollis Morrison Greenlaw, UDF Partnership President Benjamin Lee Wissink, UDF CFO Cara Delin Obert, and UDF Asset Management Director Jeffrey Brandon Jester of ten counts, including conspiracy to commit wire fraud affecting a financial institution, conspiracy to commit securities fraud, and securities fraud.  The UDF executives were sentenced in May 2022 to a combined 20 years in federal prison.

That same month, the UDF executives appealed their convictions to the Fifth Circuit.  Following oral argument, the Fifth Circuit affirmed the UDF executives’ convictions and noted the government’s “avalanche of evidence” proving its case.   After the Fifth Circuit denied rehearing en banc, the UDF executives asked the Supreme Court to review their case.

On Monday, the Supreme Court denied certiorari without comment.

Assistant U.S. Attorneys Amy Burch, Amy Mitchell, Elise Aldendifer, and Brian McKay handled the appeal in the Fifth Circuit. Assistant U.S. Attorneys Tiffany H. Eggers, Rachael Jones, Elyse Lyons, and Errin Martin prosecuted the case in the district court.