United States v. Thomas M. Anderson

To show defendant aided and abetted a misapplication of bank funds in violation of 18 U.S.C. § 656 , the government was required to show (1) that a bank employee misapplied bank funds and (2) that defendant knew of the bank employee’s substantive offense and acted with the intent to further it. Benchwick v. United States, 297 F.2d 330, 332-33 (9th Cir.1961). See United States v. Franklin, 608 F.2d 241, 244-45 (6th Cir.1979); United States v. Tokoph, 514 F.2d 597, 603 (10th Cir.1975). Defendant conceded the first element. Based on the stipulated facts, a rational trier of fact could have found the second element beyond a reasonable doubt. See Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781, 2789 , 61 L.Ed.2d 560 (1979).

Thus, a rational trier of fact could have inferred defendant knew a bank employee was involved and intended to aid the bank employee in withdrawing bank funds, from the fact that defendant must have known he was not authorized to withdraw money from the Clos account, that only someone with knowledge of the bank’s accounts could select an account with sufficient funds to cover defendant’s withdrawals, and that only someone with knowledge of the bank’s…