United States v. Kirkland Charles

MEMORANDUM

Kirkland Charles appeals his convictions and sentence for thirteen counts of bank fraud, 18 U.S.C. §§ 2 (a), 1344(2), and one count of making a false statement to a federally insured bank, 18 U.S.C. §§ 2 (a), 1014. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm in part, reverse in part, and remand.

1. Charles correctly argues that the Amended Trial Indictment was multiplicitous because it charged four executions of bank fraud in thirteen counts. To determine whether counts of bank fraud are multiplicitous, we look to how the indictment defines the scheme and examine how many executions of the scheme are alleged, a factually intensive inquiry. United States v. Molinaro, 11 F.3d 853, 859-60 (9th Cir.1993). Here, the indictment charged Charles as a knowing and willful participant in a scheme to fraudulently obtain and deplete business lines of credit from Bank of America and Wells Fargo Bank. The allegations and proof support four executions of the scheme, one for each of the four lines of credit that was fraudulently obtained and depleted by Charles and various of his co-schemers. The additional nine counts of bank fraud, which charged individual…