Cole

United States v. Cole

Good Law
160 F. App'x 634
United States Court of Appeals for the Ninth CircuitDecember 23, 2005No. 05-30035California703 words

Opinion

Lead Opinion

MEMORANDUM ***

Dr. Elisabeth Anne Cole appeals the district court’s judgment entered on jury verdicts finding her guilty of five counts of financial institution fraud under 18 U.S.C. § 1344 (2), and one count of credit card fraud under 18 U.S.C. § 1029 (a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 . 1 Dr. Cole argues that the evidence presented by the government at trial was insufficient to support her convictions, and that the trial court improperly limited Dr. Cole’s cross examination of John Hale, the government’s forensic document expert.

We first address the sufficiency of the evidence underlying Dr. Cole’s convictions for financial institution fraud. At trial, the government’s forensic document expert testified that in his opinion Dr. Cole had forged her deceased mother’s name on several checks that Dr. Cole used to procure goods and services for her personal use. The government also presented the testimony of Mark Johnston, a representative of Madeline Cole’s credit union, that the credit union paid each of the merchants who presented one of the checks allegedly forged by Dr. Cole. Johnston also testified that the credit union was federally insured when it…

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