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163498P.pdf 08/09/2017 United States v. Jason Springer
U.S. Court of Appeals Case No: 16-3498
and No: 16-3695
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Arnold, Author, with Wollman and Gruender, Circuit Judges]
Criminal case - Criminal law. In prosecution for bank fraud arising out of
misrepresentations concerning short sales, the evidence was sufficient to
support the defendants' bank fraud convictions as the government proved
the defrauded entities were FDIC-insured and that the entities suffered a
financial loss; under this court's prior precedents the government need
not show an intent to cause a financial loss to prove bank fraud;
challenge to jury instructions rejected; jury had ample evidence to find
defendants' misrepresentations were material; claim that there was a
variance between the indictment and the proof rejected; no error in giving
an aiding-and-abetting instruction; district court advised defendant
Makohoniuk of his right to testify and he knowingly waived the right.