United States v. Protsman, No. 16-1432 (8th Cir. 2016)
Annotate this CaseDefendant appealed the revocation of her term of supervised release after serving a prison sentence for committing disaster benefits fraud. The court concluded that the district court did not abuse its discretion in admitting testimony from a probation officer with respect to an Arizona investigation of a fraudulent money transfer. The court also concluded that the district court did not err in admitting the record from Navy Federal Credit Union to Veridian Credit Union that identified the $4,000 transfer to defendant’s account as likely fraudulent. Finally, the evidence was sufficient to find that she committed wire fraud, failed to answer questions truthfully, and failed to notify her probation officer of a change in employment. The court affirmed the judgment.
Court Description: Shepherd, Author, with Riley, Chief Judge, and Murphy, Circuit Judge] Criminal case - Criminal case. The district court did not err in finding defendant had violated the provisions of her supervised release; the district court weighed the practicalities of the situation and the reliability of the evidence and did not err in admitting testimony from the probation officer regarding an Arizona investigation of a fraudulent money transfer to defendant's account; no error in admitting the transferring bank's records under the Fed. R. Crim. P.32.1(b)(2)(C) balancing test. [ July 20, 2016
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