United States v. Schreiber

458 Fed. Appx. 672 (2011)

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United States v. Schreiber

United States Court of Appeals for the Ninth Circuit
458 Fed. Appx. 672 (2011)

RW

Facts

The United States government (plaintiff) prosecuted Bonnie Schreiber (defendant) for mail- and wire-fraud, in violation of 18 U.S.C. §§ 1341 and 1343, and theft of more than $1,000 in federal money, in violation of 18 U.S.C. § 641. An element of the fraud crimes was fraudulent intent, and knowledge was an element of the crime of theft. The federal district court trial evidence showed that Schreiber continued to certify her eligibility for and receive federal worker's compensation disability benefits even after she regained her ability to work. At the time of her arrest, Schreiber was leading an active lifestyle that included hunting, fishing, boating, camping, riding horses, snowmobiling, woodcutting, and training as a volunteer firefighter. Schreiber reported many of these activities to her doctors and therapists. However, Schreiber warned a neighbor that if anyone asked the neighbor about Schreiber's outdoor activities, the neighbor should deny any knowledge. Schreiber also continued to certify that she remained eligible for benefits. The jury convicted Schreiber and she appealed to the United States Court of Appeals for the Ninth Circuit, arguing that the government's circumstantial evidence was insufficient to overcome her own trial testimony that she had never intended to commit fraud, or known that illegitimately taking benefits was a crime.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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