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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.