United States Fifth Circuit

Financial advisor did not obtain "moneys . . ., under the custody or control of, a financial institution, by means of fraudulent pretense, representations, or promises" when he improperly used his power of attorney to pay back one client with the funds of another.

Appellate Information

• Decided 11/14/2000
• Published 11/15/2000

Judges

• WIENER, Circuit Judge:, Before KING, Chief Judge, WIENER, Circuit Judge, and LYNN , District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., Mark Twain Roomberg (argued), San Antonio, TX, for Plaintiff-Appellee., H. Thomas Hirsch, Hirsch, Stroder & Hobbs, Jason Leach (argued), Odessa, TX, for Defendant-Appellant.