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Newberger v. State

Florida District Courts of Appeal
641 So. 2d 419 (1994)


Mitchell Newberger (defendant) worked as an accounts credit analyst. In this role, Newberger would help customers apply for new credit cards by gathering their information and entering it into a computer. The computer would then automatically transmit the customer’s information to a credit bureau for approval or denial of the credit application. The computer program contained an option that allowed the analyst to bypass the automatic transmission of the information by pressing a number key. Newberger used this option to illegally open two fraudulent credit card accounts for himself, which he used to defraud his employer. Newberger was charged and convicted of making a false statement to obtain a credit card and of illegally modifying intellectual property by a computer. Newberger appealed, alleging that the evidence was insufficient to support either charge.

Rule of Law


Holding and Reasoning (Ryder, C.J.)

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