Public-domain · open source
OpenJurist

574 F.2d 474

Docket No. 77-3681.

United States v. Axtman

Ninth Circuit Court of Appeals

Decided April 28, 1978.

Ninth Circuit Court of Appeals · decided 1978-04-28

Cited by 5 later decisions — most recently August 1981

5 federal appellate ·

2 counsel of record

Applies 18 U.S.C. § 2314

Relies on United States v. Huntley · Parker v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1978-04-28

View the full empirical analysis of this case →

¶1*475Dale R. Koch, Portland, Or., for defendant-appellant.

¶2William Youngman, Asst. U.S. Atty., Portland, Or., for plaintiff-appellee.

¶3Before ELY, TRASK and ANDERSON, Circuit Judges.

¶4PER CURIAM:

¶5Appellant challenges her conviction for transporting falsely made securities in interstate commerce, 18 U.S.C. § 2314,1 on the grounds the prosecution failed to adequately prove the checks were unauthorized. We affirm.

¶6Appellant opened seven bank accounts under two different pseudonyms and then deposited in each checks drawn on an out-of-State account. Each check was signed “Karl Stats.” To establish the checks were falsely made, the vice president of the drawee bank testified that Karl Stats was not an authorized signature for that account.

¶7When, as here, there is no indication the drawee is a real person who may have authorized the check, the bank official’s testimony, coupled with other circumstantial evidence, is sufficient proof the check was falsely made. See United States v. Huntley, 535 F.2d 1400, 1403 (5th Cir. 1976).2 There was ample evidence to support the jury’s implied finding that the checks were falsely made.

¶8AFFIRMED.

/574/f2d/474 · .json · Public domain