The appellant challenges, among other things, the sufficiency of the evidence undergirding the "financial institution" element of each of his alleged bank-fraud crimes of conviction. The trial testimony and exhibits do not address each relevant American Express entity's distinct corporate identity, nor does the evidence depict the entities' inter-relationship in anything other than oblique and inscrutable terms. Such evidence was not sufficient to prove a depository institution holding company theory of the financial-institution element. The district court's decision is reversed and remanded. 5th U.S. Circuit Court of Appeals, No. 12-20443, 08-19-2013.
United States v. Davis
August 19, 2013