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U.S. v. WORTHINGTON

No. 1152, Docket 87-1008.

822 F.2d 315 (1987)

UNITED STATES of America, Appellee, v. Robert WORTHINGTON, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 30, 1987.

Attorney(s) appearing for the Case

Kenneth Roth, Asst. U.S. Atty., S.D.N.Y. (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., Helen Gredd, Asst. U.S. Atty., S.D.N.Y., of counsel), for appellee U.S.

Herbert M. Levy, New York City, for defendant-appellant Robert Worthington.

Before VANGRAAFEILAND, MESKILL, and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge:

Appellant was convicted upon a theory that naming a fictitious bank as drawee of a check constituted a "false statement". In common parlance a "bad check" — one drawn with insufficient funds in an account at the time — is not a "statement" subjecting the drawer to federal prosecution. The reason is that such a check may nonetheless be honored or may have been drawn negligently or even innocently. But the act of printing the...

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