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Shaw v. US, 15-5991

In a case in which defendant used identifying numbers of a bank account belonging to bank customer in a scheme to transfer funds from that account to accounts at other institutions from which defendant was able to obtain customer's funds, the Ninth Circuit's decision affirming defendant's conviction of violating 18 U.S.C. section 1344(1), which makes it a crime to knowingly execute a scheme..to defraud a financial institution, is vacated and remanded where: 1) Subsection (1) of the bank fraud statute covers schemes to deprive a bank of money in a customer's deposit account; and 2) with regard to the parties' dispute over whether the District Court improperly instructed the jury that a scheme to defraud a bank must be one to deceive the bank or deprive it of something of value, instead of one to deceive and deprive, the Ninth Circuit is left to determine whether that question was properly presented and if so, whether the instruction given is lawful, and, if not, whether any error was harmless in this case.

Appellate Information

  • Decided
  • Published 2016/12/12

Judges

  • BREYER

Court

  • United States Supreme Court

Counsel