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Bank Fraud Defined
The U.S. Supreme Court recently held that the provision of the federal bank fraud statute which makes it a crime to “knowingly execut[e] a scheme ' to obtain” property owned by, or under the custody of, a bank “by means of false or fraudulent pretenses,” does not require the government to prove that a defendant intended to defraud a bank into paying him or her money nor that a risk of loss was posed to a bank. 18 U.S.C. ' 1344. The Court was careful to hold, however, that the bank fraud statute does not reach “every fraudulent transaction in the economy whenever a check is involved,” a concern of Justice Anthony Kennedy at oral argument on the case.
The Case
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