Gold

United States v. Gold

Good Law
22 F. App'x 721
United States Court of Appeals for the Ninth CircuitOctober 18, 2001No. 01-50019; D.C. No. CR-99-02963-BTMCalifornia1,057 words

Opinion

Lead Opinion

MEMORANDUM *

Cardie Mae Kelly Gold appeals her conviction and sentence for five counts of bank fraud and aiding and abetting in violation of 18 U.S.C. §§ 2 and 1344. We affirm.

I

Gold contends that there was insufficient evidence that she intended to defraud the Bank of America and knowingly participated in the acts of fraud, first because she was not physically present when the transactions underlying counts three and five took place. However, physical participation is not required for aiding and abetting. See United States v. Urrutia, 897 F.2d 430, 433 (9th Cir.1990). There was sufficient evidence from which a reasonable jury could find beyond a reasonable doubt that the Point Loma and Mission Valley branch transactions depended upon Gold’s providing the telephone number for ordering checks and the bank codes required to order checks in the name of Jack Major. The evidence shows that only an insider such as Gold was able to access Valerie Ward’s account and customer profile, including personal identifying information such as a driver’s license number, date and place of birth, social security number, and mother’s maiden name. This information was necessary for all the…

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