[DOWNLOAD] "United States v. Broxmeyer." by United States Court Of Appeals Second Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: United States v. Broxmeyer.
- Author : United States Court Of Appeals Second Circuit
- Release Date : January 30, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
1. Broxmeyer was convicted, after a jury trial, of using the mails to defraud and of misapplying the funds of an insured bank in violation of 18 U.S.C. § 1341 and § 656. The evidence showed that, within a period of three weeks, Broxmeyer deposited with the peoples Industrial Bank $150,000 in checks, none of which was covered at the time of its issue. Broxmeyer was able to make many of the checks good by rushing covering deposits to the banks on which the checks were drawn before their presentment for payment. Finally, however, the Peoples Bank grew suspicious and refused him further credit on checks he deposited.Broxmeyer, then, unable to make the covering deposits in the other banks, failed to meet payment on bad checks aggregating $107,000. He insists that intent to defraud was not proved and that, since such intent is an essential element of both crimes, his convictions cannot stand. He says that, according to the evidence, he intended and fully expected to be able, to meet payment on all the checks, citing as proof his monthly rent rolls and extensive real estate holdings. We think there was evidence on which the jury could find beyond a reasonably doubt that Broxmeyer knew, when he deposited his last $107,000 of uncovered checks, that he could not raise sufficient funds to cover them. The government put in persuasive evidence showing his desperate need at this time for cash, and his frantic efforts to obtain it before the deposit of these checks. The fact that Broxmeyer was the unfortunate victim of his own financial manipulations, or that he would have paid these checks if his check-cashing chain had not broken, does not alter his intent to defraud, if he had no reason to believe that his legitimate sources of income would suffice to make the checks good.