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Home » Blog » Uncategorized » Supreme Court Rules on Intent Required for Bank Fraud Conviction; Grants Cert on Forced Accompaniment in Bank Robbery Offenses

Supreme Court Rules on Intent Required for Bank Fraud Conviction; Grants Cert on Forced Accompaniment in Bank Robbery Offenses

Posted by admin on 24 March, 2023

Yesterday, the Supreme Court issued an opinion in Loughrin v. United States (No. 13-316), interpreting the provision of the federal bank fraud statute, 18 U.S. C. §1344(2), that prohibits a knowing scheme to obtain property owned by, or in the custody of, a bank “by means of false of fraudulent pretense, representations, or promises.”  The Court unanimously held that this provision does not require proof of specific intent to deceive a bank. Petitioner could therefore be convicted under the statute for passing altered checks to obtain merchandise and cash from retailers.

The Court also granted certiorari in Whitfield v. United States (No. 13-9026) to decide whether 18 U.S.C. § 2113(e), which provides a minimum sentence of ten years in prison and a maximum sentence of life imprisonment for a bank robber who forces another person “to accompany him” during the robbery or while in flight, requires proof of more than a de minimis movement of the victim.

Tags: Attorney New Orleans, Bank Fraud, Criminal Attorney New Orleans, Criminal Defense Lawyer New Orleans, Criminal Lawyer New Orleans, Federal Case Law Update, Federal Criminal Attorney New Orleans, Loughrin v. United States, New Orleans Federal Criminal Attorney, New Orleans Federal Criminal Defense Lawyer, United States Supreme Court intent required for bank fraud, Whitfield v. United States

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