United States v. Rafic Labboun

MEMORANDUM

Raffic Labboun appeals his conviction of seven counts of bank fraud in violation of 18 U.S.C. § 1344 (1). As alleged by the government and found by the jury, each of these counts arose from an alleged credit card “bust out” scheme in which Labboun used “bad checks” to pay off outstanding credit card account balances and then incurred or attempted to incur additional charges on those accounts before the checks bounced. He raises eight issues on appeal. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. The district court did not err in determining that venue was appropriate in the Northern District of California. “Any offense involving ... transportation in interstate or foreign commerce ... is a continuing offense and, except as otherwise expressly provided by enactment of Congress, may be inquired of and prosecuted in any district from, through, or into which such commerce ... moves.” 18 U.S.C. § 3237 (a). And, as found by the district court, Labboun’s “fraud involved the use of bad checks drawn on an account in the district to pay on credit card accounts ... opened by defendant in the district.”

2. The court did not err in refusing to dismiss Count 3,…