United States v. Christopher Marshall

248 F.3d 525, 2001 U.S. App. LEXIS 7458, 2001 WL 418032
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 25, 2001
Docket99-4053
StatusPublished
Cited by33 cases

This text of 248 F.3d 525 (United States v. Christopher Marshall) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Christopher Marshall, 248 F.3d 525, 2001 U.S. App. LEXIS 7458, 2001 WL 418032 (6th Cir. 2001).

Opinions

OPINION

GILMAN, Circuit Judge.

This case involves the theft of $60,000 from a bank’s automated teller machine (ATM) by Christopher Marshall, a Pinkerton Security Company courier. Marshall was convicted on two counts of bank larceny and possessing stolen money in violation of 18 U.S.C. § 2113(b) and § 2113(c), one count of engaging in an unlawful monetary transaction exceeding $10,000 in violation of 18 U.S.C. § 1957, three counts of [529]*529money laundering in violation of 18 U.S.C. § 1956(a)(l)(B)(i), and one count of filing a false statement on a federal currency transaction report in violation of 31 U.S.C. § 5318 and § 5324(a)(2). He was sentenced to 36 months of imprisonment on each count, to be served concurrently, with a 3-year period of supervision after his release. For the reasons set for below, we VACATE his three 18 U.S.C. § 1956(a)(l)(B)(i) money-laundering convictions and, with the consent of the government, we also VACATE Marshall’s 18 U.S.C. § 2113(c) conviction. These counts of the indictment are REMANDED to the district court for entry of a judgment of acquittal. We AFFIRM the remaining three convictions.

I. BACKGROUND

A. Factual background

Society Bank (now known as Key Bank) had a contract with Pinkerton to maintain the cash supply of Society’s ATMs. Marshall, along with his partner Jim Myers, were Pinkerton couriers who performed ATM maintenance throughout the Akron Canton area in Ohio. Together they serviced between ten and twelve locations each day.

The procedures for servicing each ATM were rather elaborate, as was the system for accessing the ATM vault. At each machine being serviced, the pair of couriers would have a master key, allowing entry into the restricted-access portion of the ATM building. Once the outside door was opened, the couriers had to punch in a security code to disarm the alarm system. The couriers were then required to call a central ATM security service in Dayton in order to identify themselves and advise the service of their presence at the ATM. Once inside the ATM building, the couriers opened the ATM vault. This was done by using a combination lock unique to each ATM, adjusting the handle in a specific manner, and inserting a vault combination key into the vault door dial to allow the door to release. The moment it was opened, the security service in Dayton was alerted by an electronic signal notifying the service that the vault had been accessed.

Marshall and Myers serviced the ATM at the Cuyahoga Falls Avenue location of the Society Bank ATM on December 31, 1993. After performing their various duties, they left $90,000 of “extra money” in the vault, a practice that allows the ATM to be serviced after normal banking hours. Marshall testified at trial that this was an unusually large amount of extra money to leave in the vault. This extra money had been prepackaged into bricks at the bank. Each brick contained 1,000 bills, and was individually packaged in shrinkwrap plastic. Three of the bricks contained $20,000 each in $20 bills, and three of the bricks contained $10,000 each in $10 bills. Marshall testified that he placed the extra money in the vault without disturbing the plastic packaging. Once the servicing was complete, the vault was closed, the alarm was activated, and the outside door was locked.

Three days later, on January 2, 1994, the central ATM security service in Dayton recorded an electronic signal at 6:30 p.m., indicating that the vault at Society Bank’s Cuyahoga Falls ATM had been accessed. The signal showed that the vault door remained open for 28 seconds, was closed, and then reopened for good 6 seconds later. Although the ATM security service is supposed to respond to and investigate unauthorized openings of the vault, no such action was taken. Tina Adolphson was the first person to use the ATM after it was opened on January 2, 1994. At trial, Adolphson testified that she noticed that the ATM restricted-access [530]*530door was ajar when she was conducting her transaction, but that she did not see anyone around the machine either before or after.

Marshall and Myers did not return to service the Cuyahoga Falls ATM again until the following day, January 3, 1994. Upon approaching the ATM, Myers noticed that the restricted-access door to the building had been left slightly ajar, but he saw no other person inside. After checking the vault, he realized that the three $20,000 bricks were missing. Myers testified at trial that there were no signs of forced entry on the ATM restricted-access door or the vault. Rather, the vault alarm had been deactivated. He also testified that the only physical evidence at the scene consisted of the plastic shrinkwrap that had been removed from the purloined money. The only intact fingerprints that were found on the discarded plastic belonged to Marshall.

Almost four years prior to this incident, Marshall had filed for bankruptcy. In the subsequent years, his annual reported income ranged from $11,697 to $23,855. He rarely had more than two thousand dollars in the bank and, as of December 15, 1993, he had accumulated $2,025.83 in credit card debt. Immediately after the larceny, however, Marshall’s finances improved dramatically. On January 3, 1994, Marshall deposited $1,200 cash into an account at the Ohio Savings Bank. Marshall bought a cashier’s check that same day from First National Bank for $2,025.83, which he used to pay off his credit-card balance in full four days later. On January 4, 1994, Marshall made a cash deposit of $5,000 into his credit union account, bringing his balance to $5,021.05.

The following day, Marshall traveled from Akron to Cleveland to call on his step-brother, John Weston. Weston was an account executive at Olde Discount, a brokerage firm. Marshall had never been to Weston’s office before this visit on January 5, 1994. Upon his arrival at Weston’s office, Marshall told Weston that he wanted to invest money in “short term speculative aggressive trading.” He implied that the money he wished to invest belonged to Robin Miller, Marshall’s girlfriend. Marshall told Weston that he had $40,000 in cash located in the trunk of his car, to which Weston’s first reaction was “what the hell is Robin doing with $40,000 in cash?” Weston told Marshall that he could not accept cash, and directed Marshall to obtain a cashier’s check. Marshall then proceeded directly to a Bank One branch, where he told Jean Davis, a teller, that he wanted to exchange $40,000 in cash for a certified check payable to Olde Discount. Davis testified that the $40,000 was all in $20 bills.

Under federal law, currency-transaction reports must be completed for all bank transactions involving more than $10,000. See 31 C.F.R. § 103

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Cite This Page — Counsel Stack

Bluebook (online)
248 F.3d 525, 2001 U.S. App. LEXIS 7458, 2001 WL 418032, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-christopher-marshall-ca6-2001.