United States v. Verda Lou Stevison

471 F.2d 143
CourtCourt of Appeals for the Seventh Circuit
DecidedJanuary 9, 1973
Docket71-1809
StatusPublished
Cited by31 cases

This text of 471 F.2d 143 (United States v. Verda Lou Stevison) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Verda Lou Stevison, 471 F.2d 143 (7th Cir. 1973).

Opinions

KILEY, Circuit Judge.

Verda Lou Stevison and her daughter, Marilyn S. Velasco, were indicted together in a two count indictment. In Count I Stevison was indicted for misapplying $100,617.512 in federally insured bank funds in violation of 18 U.S.C. § 656.3 In that same count Velasco was indicted for aiding and abetting the violation (18 U.S.C. § 2 and § 656). In Count II they were both indicted for conspiracy to commit that offense in violation of 18 U.S.C. § 371. A jury found both guilty under Count I and not guilty under Count II. They have appealed separately. In this opinion we affirm the conviction of Mrs. Stevison.

Mrs. Stevison (appellant) was cashier of the Bank of Sesser, in Sesser, Illinois, for more than 25 years. In the period from May 12 to October 10, 1970, her daughter wrote 48 checks — ranging in amounts from $100 to $20,000 — drawn on the Sesser Bank against her account. The account had insufficient funds to cover the_ checks. Her daughter drew three other checks against an account of the fictitious Indiana and Kentucky Health Care Development, an account maintained at another bank, payable to herself which the appellant cashed at the Sesser Bank when the account of the Health Care Development had insufficient funds to cover the checks. All of the cheeks drawn on the Sesser Bank account, amounting to $52,800, were paid by appellant from the Sesser Bank’s cash items and deducted by her from undivided profits.

On October 8, 1970 the Bank’s Board of Directors was informed of the misapplication. The Board thereafter delayed taking action on the promises of appellant that the misapplied funds would be restored. By November 17, 1970 the Bank’s loss was over $100,000. On that • date the Board requested her resignation. Appellant’s indictment, trial and conviction followed.

I.

Appellant contends there is insufficient evidence in the record to establish the essential element of specific intent to defraud the Bank. We find no merit in the contention. Although there is no direct evidence that she specifically intended to defraud the Bank, there is uncontroverted evidence that appellant received the worthless checks drawn by her daughter, authorized their payment, and carried them against the Bank’s cash items. On May 27 she told the Bank’s Executive Vice President, Gordon, who learned of the misapplication, that she would return the checks, but she failed to do so and instead paid them from undivided profits. She failed to return checks paid by other banks, which Gordon gave her to return to those banks. She persuaded the Bank Board to delay action by promising to restore the Bank’s loss when she knew or should have known that she had no financial source from which the needed money could be obtained. We think that the jury could infer from this evidence that the essential element of intent or “reckless disregard” of the Bank’s interest was proven. Girogosian v. United States, 349 F.2d 166, 168-169 (1st Cir. 1965).

Appellant argues that since she managed the Bank’s day to day affairs with [146]*146no direction or interference by the directors, she had implicit authority to loan money. She contends that she loaned the Bank’s money to her daughter and merely applied the loaned funds to pay her daughter’s checks. She asserts that Gordon knew of the loans amounting to $45,-000 in May, 1970, but did not make disclosure to the directors until the October '8 meeting of the Board. And she says that Gordon’s knowledge of the loans and failure to act was an implicit approval of her loan commitments to her daughter.

The fact that Gordon knew of appellant’s misapplication and withheld this information from the Board for several months, or that the Board delayed action after it knew of the overdrafts, did not compel the jury to find that the misapplications were authorized or approved by the Board so as to obviate the element of intent to defraud. The jury could reasonably find on the evidence that because of appellant’s long service with the Bank it was probable that the Board delayed action upon her promise that she would obtain the money to repay the Bank’s loss. The jury might infer that she knew or should have known from her experience that the “loans” would injure the Bank, yet in “reckless disregard” of that knowledge performed the fraudulent acts. The decision in United States v. Klock, 210 F.2d 217 (2nd Cir. 1954), cited by appellant, is easily distinguishable on the facts.

II.

Appellant claims reversible error in the district court’s denial of her motion under Rule 14 F.R.Cr.P.4 to sever her trial from that of her daughter. She asserts that her daughter “coerced” her into covering the overdrafts by threatening to commit suicide. She claims that her defense was prejudiced during the joint trial because her daughter’s defense was insanity. We do not think that appellant’s “coercion” defense was prejudiced. The testimony concerning her daughter’s eccentric conduct tended to aid appellant’s coercion defense rather than to oppose it. It follows that we cannot agree that instruction 43, that to find the daughter guilty as an aider and abettor her mother must be found guilty as a principal, “compounded the error” in denying the severance.

We hold the court did not abuse its discretion or commit reversible error in denying the severance motion, since the court was not presented with “most cogent reasons” for granting the motion. United States v. Kahn, 381 F.2d 824, 838 (7th Cir. 1967).

III.

Having found no reason to reverse the conviction of appellant on the ground of insufficiency of evidence of intent and no reversible error in the ruling on the severance motion, we turn to the appellant’s contentions challenging rulings during the trial.

Appellant contends that the court erroneously and unduly limited and curtailed development of the coercion defense. The coercion defense was intended to rebut evidence of intent on the part of appellant to defraud the Bank. Appellant hoped to show that in May, 1970 she was in a depressed state of mind because of the death in Vietnam in 1967 of a young soldier related to her. She argues that in this depressed state her daughter’s suicide threat compelled her to cover the overdrafts.

[147]*147In the first place, the doctrine of coercion is an affirmative defense and it is plain that the death of appellant’s relative in 1967 was not an “immediate” limitation of her free choice of conduct in 1970 which would justify invoking the coercion doctrine under the rule established in Shannon v. United States, 76 F.2d 490, 493 (10th Cir. 1935). See R. I. Rec. Center Inc. v. Aetna Cas. Co., 177 F.2d 603 (1st Cir. 1949).5

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Bluebook (online)
471 F.2d 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-verda-lou-stevison-ca7-1973.