United States v. Bouyea
United States Court of Appeals for the Second Circuit
152 F.3d 192 (1998)
- Written by Sharon Feldman, JD
Facts
Center Capital Corporation was a wholly owned subsidiary of Centerbank. Bouyea (defendant) applied for and obtained a loan from Center Capital. Center Capital borrowed from Centerbank the money lent to Bouyea. When Center Capital lost money on the transaction, Centerbank was affected. Bouyea was indicted for wire fraud based on his use of an interstate facsimile transmission to obtain money from Center Capital in a manner that affected Centerbank. The indictment was filed six years after the alleged offense occurred, which was outside the five-year statute of limitations that generally applies to wire-fraud offenses but within the 10-year limitations period applicable to wire fraud that affects a financial institution. The district court therefore instructed the jury that to convict, it had to find that the wire fraud perpetrated against Center Capital had affected a financial institution. Bouyea was convicted after trial and appealed.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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