Shaw v. United States, 580 U.S. ___ (2016), was a United States Supreme Court case that clarified the application of the federal bank fraud statute to cases where a defendant intends to only defraud a customer of the bank, rather than the bank itself.[1]

Background

Lawrence Shaw received the information from a bank account at Bank of America that belonged to a customer, Stanley Hsu. Shaw used that information to take money from Hsu but did not directly steal from the bank. Shaw was convicted under a federal statute criminalizing fraud against banks and appealed, arguing his target was its customer.

Decision

In a unanimous opinion written by Justice Stephen Breyer, the Court held that a scheme to defraud customers also deprives the bank of money in which the bank held a "property right", and criminal defendants may therefore be convicted under the federal statute for schemes to defraud bank customers.[2] However, the Supreme Court remanded the case to the United States Court of Appeals for the Ninth Circuit to determine whether the trial court administered an erroneous jury instruction.[3]

See also

References

  1. ^ Shaw v. United States, No. 15–5991, 580 U.S. ___ (2016), slip. op. at 1.
  2. ^ Shaw, slip. op. at 1-3.
  3. ^ Shaw, slip. op. at 8-9.
Allikas: Https://en.wikipedia.org/wiki/Shaw_v._United_States
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