Fraud Cases

The Federal Docket

United States v. Matthew Munksgard (11th Cir. January 2019)

The Court affirmed the defendant’s convictions for bank fraud and aggravated identity theft. Evidence that the bank in question had been federally insured before the fraud offense and shortly thereafter was sufficient to prove the bank was insured at the time of the offense. In identify fraud cases, the government only has to prove a defendant used another’s identity to accomplish some purpose, and there is no requirement that a defendant use the identity to impersonate another or act on their behalf.

United States v. Lourdes Garcia (11th Cir. October 2018)

The Court affirmed the defendant’s conviction after the District Court judge allowed the Government to present inculpatory testimony in the absence of the Defendant and her Counsel, declining to apply the “structural error” standard to these types of errors and finding that the court’s error did not affect the defendant’s substantial rights under the plain-error standard of review.

Scroll to Top