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United States v. Moore

923 F.2d 910 (1991)

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United States v. Moore

United States Court of Appeals for the First Circuit
923 F.2d 910 (1991)

SC

Facts

Iona Moore (defendant), a teller at First Trade Union Savings Bank of Boston (the bank), was charged with fraud in connection with a loan scheme. As part of the scheme, Priscilla Russell (defendant) would file for a loan application at the bank with a fictional identity. When the bank approved the loan and issued a check to the fictional person, Russell would pick up the check and ask Moore to cash the check. Moore would not check any identification but would simply cash the check. When the loan was not repaid, Adrienne Bristol (defendant), a loan-payment collector for the bank, would tell the bank simply that it had made a bad loan, causing the bank to write off the loss. Russell and Bristol pleaded guilty and testified against Moore. At trial, the prosecution (plaintiff) introduced printouts of computer-generated summaries for each of the fraudulent loans. Although the documents were hearsay, the prosecution called Louise Slattery, head of the bank’s loan department, as a witness. Slattery testified that that the bank kept these loan-history records in the regular course of business, that the records were based on information transmitted by a service bureau connected to the bank, and that the bank regularly retrieved such records. Moore was convicted, and she appealed.

Rule of Law

Issue

Holding and Reasoning (Breyer, C.J.)

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