United States v. Siegel

536 F.3d 306, 77 Fed. R. Serv. 311, 2008 U.S. App. LEXIS 17151, 2008 WL 3317626
CourtCourt of Appeals for the Fourth Circuit
DecidedAugust 12, 2008
Docket07-4551
StatusPublished
Cited by129 cases

This text of 536 F.3d 306 (United States v. Siegel) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth 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. Siegel, 536 F.3d 306, 77 Fed. R. Serv. 311, 2008 U.S. App. LEXIS 17151, 2008 WL 3317626 (4th Cir. 2008).

Opinions

Reversed and remanded by published opinion. Judge TRAXLER wrote the majority opinion, in which Judge KING joined. Senior Judge KISER wrote an opinion concurring in part and dissenting in part.

OPINION

TRAXLER, Circuit Judge:

Nancy Jean Siegel is currently under indictment for numerous fraud-based offenses, including mail and wire fraud, see 18 U.S.C.A. §§ 1341 & 1343 (West 2000 & Supp.2008). Siegel also faces a charge of committing murder to prevent the reporting of her crimes. See 18 U.S.C.A. § 1512(a)(1)(C) (West 2000 & Supp.2008). A week before her trial was scheduled to commence, the district court granted Sie-gel’s motion to strike as surplusage allegations in the indictment about certain crimes that were not the subject of a substantive criminal count and her motion to preclude the government from introducing in its case-in-chief evidence about those crimes and other crimes not mentioned in the indictment. The government appeals. [309]*309We reverse the district court’s decisions and remand for trial.

I.

A.

The allegations in the indictment against Siegel and the evidence forecast by the government in its pre-trial filings establish the following.1 Siegel married Charles Kucharsld in 1968, and the couple divorced in 1985. Sometime towards the end of the marriage, Siegel began gambling. To support her gambling habit, Siegel used Kuc-harski’s name and personal information to obtain credit without Kucharski’s knowledge. Siegel’s actions left Kucharski more than $100,000 in debt, and he was forced to file for bankruptcy a few years after the couple divorced.

Siegel married Ted Giesendaffer in 1985. She apparently continued to gamble and continued to support her gambling habit by engaging in the same kind of fraudulent conduct she began in her first marriage. Siegel used Giesendaffer’s personal information to obtain credit, and she stole money from him by altering mortgage-payment checks to make them payable to her instead of the mortgage company. When Giesendaffer discovered Siegel’s misconduct, he confronted her about it and threatened to go to the police. Siegel responded to that threat with such violence that Giesendaffer hid from her in a closet. Siegel and Giesendaffer separated in February 1992 and divorced in 1993.

In 1992, Siegel convinced her friends John and Linda Mayberry to co-sign a car loan and pay the required down-payment. Not surprisingly, Siegel defaulted on the car loan, and the Mayberrys ended up repaying the loan. Siegel subsequently used John Mayberry’s personal information to obtain a $3,000 loan in his name.

In December 1992, Siegel stole the wallet of Merle Beckman. She used Beck-man’s credit cards until they were can-celled, and she managed to convince bank employees to give her the number of the account connected to Beckman’s ATM card. Siegel ultimately stole thousands of dollars from Beckman. In January 1993, Siegel stole the wallet of Burdell Dowdell. She wrote checks payable to “Charlene Townsend” on Dowdell’s account and then posed as Townsend to cash the checks. In February 1993, Siegel stole the wallet of Leslie Wallace, whose daughter was in dance class with Siegel’s daughter. Siegel immediately began draining the funds from Wallace’s bank accounts. Wallace changed her account number twice, but Siegel managed to convince bank employees to give her the new account numbers over the telephone. Siegel also convinced bank employees to make a large amount of cash available to her at the drive-through window.2 Bank employees eventually caught on, and Siegel was finally arrested after making another pick-up at the drive-through window.

Siegel pleaded guilty in Maryland state court to charges stemming from the Dow-dell, Wallace, and Beckman wallet thefts. In December 1994, after pleading guilty [310]*310but before being sentenced, Siegel stole the wallet of co-worker Cynthia Kidwell. Although Kidwell did not keep credit cards or checks in her wallet, the wallet did contain Kidwell’s driver’s license. Siegel put her own picture on the license and then used the license to take out loans in Kidwell’s name. After the fraud was uncovered and Kidwell identified Siegel as a coworker, Kidwell recalled seeing Siegel on several occasions parked near Kidwell’s home, presumably waiting to intercept mail connected to the fraudulent loans. Siegel pleaded guilty to state charges stemming from the Kidwell theft, and she ultimately received suspended sentences and probation for each of the wallet thefts.

In 1994, while she was on probation for the wallet-theft crimes, Siegel met Jack Watkins, a widower almost thirty years her senior. Watkins lived on Sungold Road in Reisterstown, Maryland. He supported himself comfortably in his retirement through Social Security benefits and annuity payments from New York Life. Before he met Siegel, Watkins had a few credit cards that he used sparingly, and he always paid the full balance when he did make a credit card purchase. He owned his home outright, with no mortgage or other encumbrance.

Watkins and Siegel met in the fall of 1994, when she sold him a burial vault, and the relationship quickly became close. From all appearances, the relationship was a romantic one. Within months after meeting Watkins, Siegel began using his personal information to open new accounts, generally using her own address in Ellicott City, Maryland, as the address on the accounts. By December 1994, Siegel had changed the address on many of Watkins’s pre-existing accounts to her Ellicott City address. She made extensive charges on those accounts and allowed the accounts to become delinquent. In May 1995, Siegel persuaded Watkins to buy her a new, $44,000 BMW. The financing for the car was in Watkins’s name, and the car was titled and insured under Watkins’s name, but Siegel was the car’s only driver.

Sometime in 1995, while Siegel was still on probation, the Mayberrys (who Siegel had previously left holding the bag on a car loan) learned about the $3,000 loan Siegel had taken out in John Mayberry’s name. Mayberry repeatedly confronted Siegel about the loan, until she finally repaid him. Around this same time, Siegel approached Jack Butcher, an acquaintance. Siegel cried as she told him that she would go to jail unless she could come up with $3,000. Butcher borrowed the money and gave it to Siegel, on the condition that she repay the loan herself. Sie-gel of course defaulted on the loan, and she later tried to use Butcher’s personal information to obtain another loan. Butcher found out about her efforts and cancelled the loan. When he confronted her and threatened to go to the police, Siegel became hysterical. She eventually managed to repay the $3,000 loan.

By August 1995, Siegel had accumulated tens of thousands of dollars of debt on credit cards in Watkins’s name, and the balance on the car loan exceeded $40,000. At Siegel’s urging, Watkins obtained a $44,000 mortgage on his home on August 22, 1995. Siegel used the mortgage proceeds to pay off credit card debt, but then promptly began making new charges. By November 1995, Siegel convinced Watkins to re-finance the mortgage on his home. She persuaded him to give her the balance of the mortgage proceeds (approximately $20,000 after the August mortgage was satisfied) so she could buy the condominium she lived in. Siegel’s condominium unit, however, was not for sale, and Siegel used the mortgage proceeds for other purposes.

[311]

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Cite This Page — Counsel Stack

Bluebook (online)
536 F.3d 306, 77 Fed. R. Serv. 311, 2008 U.S. App. LEXIS 17151, 2008 WL 3317626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-siegel-ca4-2008.