United States v. Joseph Mack Thomas

Joseph Thomas appeals his conviction by a jury for transportation of securities taken by fraud in violation of 18 U.S.C. § 2314 and wire fraud in violation of 18 U.S.C. § 1343 . We affirm.

FACTS AND PROCEEDINGS BELOW

On May 6, 1986, appellant Thomas opened a checking account at Norstar Bank, Ridgelake branch in Rochester, New York, with a $100 deposit. Later that day, Thomas deposited a check for $87,300 in the same Norstar account. This check was drawn on Thomas’ account at Goldome Savings, Rochester, New York, which account had been closed in September 1985. On May 9, 1986, Thomas withdrew $86,000 from his Norstar account in the form of a cashier’s check payable to his codefendant Mark Ricci.

Ricci then appeared in Las Vegas, Nevada with the cashier’s check. He attempted to use the check for a gambling stake or to cash the check at the Golden Nugget Hotel and at Caesar’s Palace between May 9th and 12th. On May 12th, 1986, appellant Thomas and Ricci were arrested in Ricci’s room at the Golden Nugget Hotel.

At trial, Thomas’ principal defense was that he had no intent to defraud. In support of this argument, Thomas’ father and brother testified that the family credit line was…