United States v. Munksgard, No. 16-17654 (11th Cir. 2019)Annotate this Case
The Eleventh Circuit affirmed defendant's conviction for violating 18 U.S.C. 1028A(a)(1), which makes it a crime for any person to use, without authority, a means of identification of another person. The court held that, considering all the evidence, the government proved beyond a reasonable doubt that the bank was insured by the FDIC both before and after defendant's offenses and that it did not need to renew its insurance in the interim. Therefore, coupled with the universal presumption that all banks were federally insured, and viewing the proof in the light most favorable to the government, a reasonable juror could find that the bank was insured by the FDIC on the dates of defendant's offenses. Furthermore, the court held that the plain meaning, statutory context, and existing precedent all showed that defendant "used" his victim's means of identification when he employed that person's signature to obtain the loan and thereby converted the signature to his own service.