US v. Ayewoh, 09-1585 - Criminal Law - U.S. First Circuit
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US v. Ayewoh, 09-1585

Conviction for bank fraud

US v. Ayewoh, 09-1585, concerned a challenge to a conviction and sentence of defendant for bank fraud, claiming that the government provided insufficient evidence that the defrauded bank was insured by the Federal Deposit Insurance Corporation (FDIC), at the time of the crimes, and that the government provided insufficient evidence that defendant knowingly defrauded the bank.

In affirming, the court rejected defendant's claim that the government failed to offer sufficient proof of FDIC insurance 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.  Further, there was sufficient evidence to find that defendant defrauded the bank while possessing the requisite mental state under the bank fraud statute.  Lastly, 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.

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