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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.

9 minute read July 01, 2014 at 02:09 PM
By
Stanley A. Twardy JR. And Elizabeth A. Latif
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.

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