United States v. Griffin, Jr., No. 14-60554 (5th Cir. 2015)
Annotate this CaseDefendant was convicted of bank fraud, wire fraud, aggravated identity theft, money laundering, and conspiracy to commit money laundering. The court concluded that the district court did not constructively amend the indictment in this case and the district court only narrowed the indictment where the district court presented the jury with a redacted indictment and instructed it to consider only whether Magnolia Federal, the bank actually involved in the case, was defrauded. Further, the variance did not prejudice defendant. The court rejected defendant's argument that the district court lacked jurisdiction where the government produced sufficient evidence that defendant’s scheme subjected Magnolia Federal, a federally insured institution, to a risk of loss - a standard satisfied even by a scheme the court viewed as “no more likely to succeed than a request that the Bank exchange monopoly money for its face value in U.S. currency.” Accordingly, the court affirmed the judgment.
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