Gardner was convicted under 18 U.S.C. § 10141 of knowingly providing false information to a federally insured bank for the purpose of influencing its actions. In December 1980 Gardner created an overdraft on his corporate account at Gulfstream American Bank and Trust Company and the bank filed a civil suit to recover the amount of the overpayment. Gardner admits, by stipulation, that he induced Gulfstream to defer the civil action by assigning to the bank his interest in accounts receivable based on fictitious invoices. Gardner contends that there was no loan or extension of credit, as required by section 1014, because the overdraft was created and the civil suit was filed before the time the false invoices were tendered as security. Since 18 U.S.C. § 1014 does not require that the false information be furnished before the debt to the bank is incurred Gardner’s argument must fail. See United States v. Baity, 489 F.2d 256, 257 (5th Cir. 1973). The district court correctly refused to dismiss the indictment.
AFFIRMED.