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CASE ENTRY

United States v. Munksgard

There are a number of federal crimes—from fraud to robbery—that apply only to banks that are FDIC insured at the time of the crime. Inexplicably, and despite repeated warnings from federal courts, prosecutors routinely fail to produce direct evidence that a bank was FDIC insured at the time of the crime—the testimony of a single witness would do—and instead rely on circumstantial evidence that it was insured at some point before or after. Is enough finally enough? Eleventh Circuit (over a dissent): Although prosecutors are “cruisin’ for a bruisin’,” we won’t bruise them today.


Tags: 2019, Eleventh Circuit, Evidence, Fraud

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