United States v. Erin Lovellette

MEMORANDUM

Defendant Erin D. Lovellette (“Lovellette”) was indicted on charges of theft by a credit union employee, in violation of 18 U.S.C. § 657 , and tax evasion, in violation of 26 U.S.C. § 7201 . A jury found Lovellette guilty on both counts. Lovellette appeals her convictions. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm. We address her arguments in turn.

1. Lovellette argues that insufficient evidence supports her conviction for theft by a credit union employee because the government failed to prove: (1) that the credit union at issue, Pacific Marine Credit Union (“PMCU”), was insured by the National Credit Union Administration Board; (2) that $100,000 was stolen from PMCU; and, (3) that Lovellette stole the $100,000. Lovellette’s arguments fail, as there was sufficient evidence for a rational jury to find each of the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979).

William Bernie, the internal auditor at PMCU, testified that PMCU’s deposits were insured by the federal government. During Bernie’s testimony, the government also offered into evidence a certificate…