United States v. Tencer
United States Court of Appeals for the Fifth Circuit
107 F.3d 1120 (1997)
- Written by Sharon Feldman, JD
Facts
Steven Tencer (defendant) owned a chiropractic clinic. The clinic submitted false claims to insurance companies and collected insurance proceeds for providing elaborate treatments to patients who were never treated or who received minimal treatment. Tencer opened bank accounts in regional banks across the country and deposited checks drawn on his personal account and the clinic’s account. Soon after federal agents executed a search warrant at the clinic, Tencer instructed the banks to send him the funds by mailing cashier’s checks to an address in Louisiana. Tencer did not live or work at the Louisiana address. Tencer then opened an account at a bank in Las Vegas using cashier’s checks sent to the Louisiana address. Tencer told the Las Vegas bank that he was moving to Las Vegas and needed cash to purchase a business. The day after Tencer opened the Las Vegas account, he arranged to have the account balance delivered to him in cash at a local airport. The account was seized pursuant to a warrant before the money was delivered. Tencer was convicted of conspiracy, mail fraud, and money laundering. On appeal, Tencer argued that the evidence was insufficient to establish the concealment element of money laundering because he used his own name to open the bank accounts and handled the transactions himself.
Rule of Law
Issue
Holding and Reasoning (Davis, J.)
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