No. 19-5457

Matthew G. Munksgard v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-08-05
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: bank-fraud banking criminal-intent criminal-procedure document-forgery due-process evidence fdic-insurance financial-regulation presumption reasonable-doubt signature-fraud statutory-interpretation
Key Terms:
Privacy
Latest Conference: 2020-01-17 (distributed 2 times)
Question Presented (AI Summary)

Whether it is proper to presume that a certificate of FDIC insurance issued 23 years earlier, combined with the statement of a bank officer that FDIC insurance was in place two years after the date of the charged offense, proves beyond and to the exclusion of a reasonable doubt, the indispensable element of proof of FDIC insurance at the time of the offense

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether it is proper to presume that a certificate of FDIC insurance issued 23 years earlier, combined with the statement of a bank officer that FDIC insurance was in place two years after the date of the charged offense, proves beyond and to the exclusion of a reasonable doubt, the indispensable element of proof of FDIC insurance.at the time of the offense. Whether the Petitioner's conduct in signing a document with another's name, on behalf of a Corporation, where the third party bank acknowledged that it did not rely upon the signature in extending the loan, did not constitute "use" within the meaning of 18 U.S.C. 1028 as charged in Count Five. 1 | No. 16-17654-AA UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT CERTIFICATE OF INTERESTED PERSONS AND

Docket Entries

2020-01-21
Petition DENIED.
2019-12-30
DISTRIBUTED for Conference of 1/17/2020.
2019-12-16
Brief of respondent United States of America in opposition filed.
2019-11-07
Motion to extend the time to file a response is granted and the time is further extended to and including December 16, 2019.
2019-11-06
Motion to extend the time to file a response from November 14, 2019 to December 16, 2019, submitted to The Clerk.
2019-10-09
Motion to extend the time to file a response is granted and the time is extended to and including November 14, 2019.
2019-10-08
Motion to extend the time to file a response from October 15, 2019 to November 14, 2019, submitted to The Clerk.
2019-09-12
Response Requested. (Due October 15, 2019)
2019-08-22
DISTRIBUTED for Conference of 10/1/2019.
2019-08-12
Waiver of right of respondent United States of America to respond filed.
2019-07-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 4, 2019)

Attorneys

Matthew Munksgard
Stephen Nathan BernsteinSNB LAW PA, Petitioner
Stephen Nathan BernsteinSNB LAW PA, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent