Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Business Crimes BulletinLJN NewslettersNewsSections

The Crime of Bank Fraud, and the Question of Intent

By Laura Grossfield Birger
January 29, 2013

White-collar crimes tend to turn on issues of knowledge and intent. The question is rarely whether a particular e-mail was sent or a transaction occurred; it is whether an individual intended to defraud someone in the process. For that reason, the question of precisely what kind of fraudulent intent is necessary for a prosecution is particularly important. Frequently, prosecutors rely on circumstantial proof of general fraudulent intent. Thus, proof of deceptive or evasive conduct is often offered ' and is deemed sufficient ' to meet the prosecution's burden.

In a recent case, however, the U.S. Court of Appeals for the Second Circuit underscored that plainly fraudulent conduct is not always sufficient to satisfy the strictures of particular federal statutes. In the case of bank fraud, the Second Circuit has previously interpreted the federal statute to require specific intent to harm a financial institution. That holding was put to the test recently in United States v. Nkansah, 699 F.3d 743 (2d Cir. 2012).

This premium content is locked for Business Crimes Bulletin subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability Image

This article explores legal developments over the past year that may impact compliance officer personal liability.