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U.S. v. SHAW

No. 13-50136.

781 F.3d 1130 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Lawrence Eugene SHAW, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 27, 2015.

Attorney(s) appearing for the Case

Sean Kennedy , Federal Public Defender, Koren L. Bell (argued), Deputy Federal Public Defender, Los Angeles, CA, for Defendant-Appellant.

André Birotte, Jr. , United States Attorney, Robert E. Dugdale , Assistant United States Attorney, Tracy L. Wilkison (argued), Assistant United States Attorney, Los Angeles, CA, for Plaintiff-Appellee.

Before: MARY M. SCHROEDER, HARRY PREGERSON, and JACQUELINE H. NGUYEN, Circuit Judges.

OPINION

Congress enacted the Bank Fraud Act in 1984, and ever since, the federal courts have grappled with whether its provisions require proof of an intent to cause harm to the bank itself. The Act contains two clauses: the first criminalizes schemes "to defraud a financial institution," and the second schemes...

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