Loan Officer’s Appeal in Fraud Case Late Despite Judge’s Error

A loan officer who pleaded guilty to three counts of identity theft and fraud can’t directly appeal his sentence because he filed his notice of appeal too late, a divided Fourth Circuit said Dec. 9.

The district court’s failure to advise Kirk Russell Marsh of his rights to appeal, in violation of the criminal procedure rules, doesn’t excuse his late filing, a majority of the U.S. Court of Appeals for the Fourth Circuit said.

The government alleged Marsh used his position as a loan officer at two federally insured banks to approve fraudulent loans to companies in which he had ...