121098P.pdf   08/09/2012  United States  v.  John Steffen
   U.S. Court of Appeals Case No:  12-1098
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Shepherd, Author, with Smith and Beam, Circuit Judges]
   Criminal Case - dismissal of indictment. Government appeals dismissal
   of indictment of bank, mail, and wire fraud charges for failure to allege
   express misrepresentation by defendant and for failure to assert a duty to
   disclose apart from contractual duty. Although a scheme to defraud does
   not require an affirmative representation, the indictment failed to allege a
   scheme to defraud, as Steffen did not misrepresent the status of the
   collateral pledged to the Bank and was silent after he sold the collateral to
   the third party, the indictment did not allege acts to conceal, no duty to
   disclose independent of contractual duty was present, and an breach of
   the security agreement and subsequent silence did not demonstrate a
   scheme to defraud. Accordingly the district court's dismissal of the
   indictment is affirmed.