United States v. Frederick Edward Hazeem

Frederick Edward Hazeem appeals his conviction on four counts of aiding and abetting, in violation of 18 U.S.C. § 2 , and one count of conspiracy, in violation of 18 U.S.C. § 371 . The indictment alleged that Jill Marie Walker, a bank employee, purloined, embezzled, abstracted, and willfully misapplied bank funds, in violation of 18 U.S.C. § 656 . The indictment then charged that Hazeem aided, abetted and conspired with Walker to commit these crimes. Hazeem maintains that the evidence was insufficient to demonstrate that Walker committed any of the four acts charged. Hazeem also asserts that he was prejudiced by a variance between the amounts allegedly taken, as charged in the indictment and as proved at trial. Finally, Hazeem claims that the trial court erred in denying his motion for a new trial. We affirm.

I

A brief summary of the evidence indicates the following facts. From August 1978 until November 1978, Hazeem and Walker resided together. During this time Walker was employed as a teller and general ledger bookkeeper with the First National Bank of Oregon. Her duties included cashing checks, filing documents, and balancing account statements. Walker had access to signature…