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00-3086 U.S. v. Anderson

By: dmc-admin//August 13, 2001//

00-3086 U.S. v. Anderson

By: dmc-admin//August 13, 2001//

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“Mr. Anderson was an assistant branch manager at TCF, not an ordinary bank teller. In that position, Mr. Anderson had access to any account in the bank system. As a result, he had access to or authority over valuable things, an indicator that we previously have found to be a hallmark of a position of trust. See Hernandez, 231 F.3d at 1089; Bailey, 227 F.3d at 801. More significantly, unlike an ordinary bank teller, Mr. Anderson had the authority to withdraw funds from TCF accounts in amounts over $1,000 without obtaining a supervisor’s permission. Additionally, as a supervisor, Mr. Anderson had knowledge of a code to access CD accounts (such as the Kern accounts), which ordinary bank tellers did not possess. These attributes of his position gave him substantial discretion and responsibility, allowing him to withdraw improperly large amounts of money from any account in the bank without coming under the scrutiny of other bank employees. As a result, Mr. Anderson’s job properly was considered a position of trust within the meaning of the guideline and our precedent.”

Affirmed.

Appeal from the United States District Court for the Northern District of Illinois, Bucklo, J., Ripple, J.

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