United States v. Charles S. Cancelliere

69 F.3d 1116, 1995 WL 672658
CourtCourt of Appeals for the Eleventh Circuit
DecidedFebruary 2, 1996
Docket94-2300
StatusPublished
Cited by61 cases

This text of 69 F.3d 1116 (United States v. Charles S. Cancelliere) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Charles S. Cancelliere, 69 F.3d 1116, 1995 WL 672658 (11th Cir. 1996).

Opinions

HILL, Senior Circuit Judge:

Charles S. Cancelliere appeals his conviction and sentence on each of three counts of bank fraud in violation of 18 U.S.C. § 1344, two counts of false statements to insured depository institutions in violation of 18 U.S.C. § 1014, and two counts of money laundering in violation of 18 U.S.C. § 1956(a)(1)(A)®. Cancelliere was convicted on all counts after a jury trial and sentenced to fifty-seven months imprisonment as to each count, with all counts running concurrently, followed by thirty-six months of supervised release. For the following reasons, we affirm his convictions and sentences on Counts 1-5, and reverse his convictions and sentences on Counts 6 and 7.

I. BACKGROUND

During the relevant time period, Cancelli-ere was a bank officer at several banks in Florida. Between December of 1984 and December of 1988, Cancelliere secured numerous unsecured loans from three different banks. Counts 1, 2 and 3 of the Indictment allege that Cancelliere committed bank fraud in violation of 18 U.S.C. § 1344 by misrepresenting to three different banks his assets and liabilities. Counts 4 and 5 allege that Cancelliere made false statements to a financial institution in violation of 18 U.S.C. § 1014 by representing to a bank that he owned stock in the Daily News Publishing Company (Count 4) and by representing to a different bank that he was the beneficiary of a trust account in Pittsburgh, Pennsylvania (Count 5). Counts 6 and 7 allege that Can-eelliere committed money laundering in violation of 18 U.S.C. § 1956 by writing two checks from his personal checking account knowing that the cheeks represented the proceeds of illegal activity.

Over objection, the government was allowed to introduce into evidence three letters written to Cancelliere by his deceased father. The first letter discusses the father’s purchase of his son’s stock in the Daily News Publishing Company. The second letter states that Cancelliere’s mother’s estate no longer existed. Caneelliere’s father also wrote that he would no longer help his son financially and suggested that Cancelliere sell his jewelry to ease his financial situation. In the last letter, Cancelliere’s father offered financial advice on how to deal with his creditors, but criticized Cancelliere for his self-indulgence and profligacy.

Also over objection, the government introduced evidence of other allegedly fraudulent transactions which are not charged or mentioned in the Indictment. Under Fed. R.Evid.Rule 404(b), the district court permitted the government to introduce evidence that Cancelliere (1) obtained a fraudulent loan from an individual named David Diaz; [1119]*1119(2) made false statements to two banks other than those named in the Indictment; and (3) bounced checks from his personal checking account.

At trial, the government sought to prove the money laundering counts by establishing (1) that Cancelliere deposited the proceeds of the fraudulently-obtained loans into his personal checking account; and (2) that some of the checks he wrote against this account were to pay interest on the fraudulently-obtained loans.

After the close of the evidence, the government moved to strike the word “willfully” from Counts 6 and 7 of the Indictment which charged Cancelliere with “knowingly and willfully” committing the offense of money laundering. Over objection, the district court permitted this redaction.

II. ISSUES

A. Was the evidence on Counts 6 and 7 (money laundering) sufficient to prove that the financial transaction in each count “involved” proceeds of a specified unlawful activity as required by 18 U.S.C. § 1956?

B. Did the district court err in striking the word “willfully” from Counts 6 and 7 of the Indictment after the close of evidence?

C. Did the district court abuse its discretion in admitting letters written by Cancelli-ere’s deceased father in violation of the hearsay rule.

D. Did the district court abuse its discretion in admitting evidence of several other fraudulent transactions as extrinsic evidence under Rule 404(b)?

III. DISCUSSION

A. Money Laundering

In order to establish the crime of money laundering, the government must prove that Cancelliere “eonduct[ed] ... a financial transaction which in fact involve[d] the proceeds of specified unlawful activity....” 18 U.S.C. § 1956. The government introduced evidence that Cancelliere wrote two checks on his personal bank account into which he had deposited the proceeds of the fraudulently-obtained loans. The district court instructed the jury that “the Government need not prove that all of the money involved in the transaction was the proceeds of bank fraud. It is sufficient if the Government proves that at least part of the money represents such proceeds.”

Cancelliere does not contest on appeal that there was evidence that he deposited fraudulent loan proceeds into his checking account or that he wrote two cheeks from this account to pay interest on his loans. He contends, however, that the government failed to prove that the money paid by these cheeks came from previously deposited fraudulent loan proceeds, either in whole or in part.

Cancelliere argues that it is not enough for the government simply to show that fraudulent loan proceeds went into his checking account at some indefinite point, and that subsequently two checks were written from this account to pay interest on the loans if the account at issue has other sources of deposit. He contends that because the checking account contained many legitimate deposits, including his salary deposits, the government failed to prove that the money paid by these checks came from previously deposited fraudulent loan proceeds, either in whole or in part. According to Cancelliere, salary or other legitimate deposits paid these two checks.

To convict under § 1956(a)(l)(A)(i), the government bears the burden of proving beyond a reasonable doubt that the party engaged in the transaction knew that the funds used represented, in whole or in part, proceeds of a specified unlawful activity.1 Can-celliere argues that unless the government proved that the checks written to pay the interest on his loans were actually paid at least in part with fraudulently-obtained [1120]*1120funds, the government did not carry its burden.

The issue is whether the government should be required to trace the origin of all funds deposited into a bank account to determine exactly which funds were used for what transaction.

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Bluebook (online)
69 F.3d 1116, 1995 WL 672658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-charles-s-cancelliere-ca11-1996.