United States v. Kevin Ledgard

MEMORANDUM

Following a break-up with a former coworker (“FG”), Kevin Brian Ledgard hacked into FG’s bank, email, and Amazon accounts; made purchases and issued checks in FG’s name; circulated sexually explicit photos of FG to her family and friends; and made good on threats that his revenge would continue to “get worse.” Ledgard now appeals his convictions following a bench trial for three counts of unauthorized access to the computer of a financial institution in violation of 18 U.S.C. §§ 1030 (a)(2)(A), (c)(2)(B)(ii) (Counts One through Three); two counts of unauthorized access to a protected computer in violation of 18 U.S.C. §§ 1030 (a)(2)(C), (c)(2)(B)(ii) (Counts Four and Five); and three counts of aggravated identity theft in violation of 18 U.S.C. § 1028A(a)(l) (Counts Nine through Eleven). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The evidence was sufficient to establish that Ledgard’s unauthorized access of FG’s Amazon account “involved an interstate or foreign communication.” See 18 U.S.C. § 1030 (a)(2)(C) (2007). A rational trier of fact could have found beyond a reasonable doubt that the “interstate communication” element was met when Led-gard…