Richard Jaynes v. United States
Opinion
Opinion
Denman, J.
Jaynes appeals from the conviction on five counts of an indictment, all the sentences being concurrent. In this situation if the sentence on any one count is valid, there should be an affirmance.
Count four of the indictment charged:
So far as material 18 U.S.C. § 1005 provides:
Appellant was employed by the First National Bank of Ketchikan as cashier. . n , , . , , , , Appellant was having a home constructed and had difficulty* meeting the costs of construction. Taking advantage of his position at the bank Jaynes wrote a cashier’s cheek for $10,000 payable to a fictitious person and delivered the check to his contractor. However, Jaynes falsely entered the amount of this check iu the bank’s permanent record as $1,000. There is testimony that the transaction was camouflaged because defendant felt that it was nobody’s business but that of the defendant and the contractor,
Jaynes contendg that he wag authorized by the bank president and vice president to make the falBe entry and that hig offer of f to ghow thig wag imp rly rejected. Authorization by the bank officials is no defense to a charge of making a false entry to deceive a bank examiner. United States v. Klock, 2 Cir.,…