United States v. Brinda Defilippis

Brinda DeFilippis was convicted on six counts of passing and uttering altered United States obligations with the intent to defraud, in violation of 18 U.S.C. § 472 . On appeal she contends that her conduct did not violate the statute, and that the jury instructions setting forth the elements of a section 472 violation were improper. She further contends that this court should re mand for an evidentiary hearing to determine whether it was an element of her husband’s plea agreement that charges against her be dismissed. We affirm the conviction.

FACTS

Brinda DeFilippis and her husband Lawrence concocted a simple scheme to defraud local merchants, using altered one-dollar bills. Brinda and/or Lawrence would enter a store and make a small purchase, paying with a twenty-dollar bill. The store clerk would usually return change of a ten, five and several one-dollar bills. The DeFilippises would then walk away from the counter, exchange the good ten-dollar bill for a previously prepared one-dollar bill with the end of a ten-dollar bill taped over it, and return to the counter claiming that the clerk had mistakenly given them the altered bill. Although several clerks who testified at…