United States First Circuit

Conviction and sentence of defendant for bank fraud are affirmed where: 1) defendant's claim that the government failed to offer sufficient proof of FDIC insurance is rejected as, with evidence of FDIC insurance both at a time predating the offense and at the time of trial, a reasonable jury could infer that, absent evidence to the contrary, the bank was insured on the date of the crime; 2) there was sufficient evidence to find that defendant defrauded the bank while possessing the requisite mental state under the bank fraud statute; and 3) because all of the prosecutor's comments were made in "fair response" to claims by the defense, defendant's Fifth Amendment rights were not violated.

Appellate Information

• Decided 12/13/2010
• Published 12/13/2010

Judges

• DYK

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Victor J. Gonzalez-Bothwell, Charles R. Walsh, Jr.