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Sufficiency of Evidence – Mutiplicitous Counts

By: Derek Hawkins//December 16, 2015//

Sufficiency of Evidence – Mutiplicitous Counts

By: Derek Hawkins//December 16, 2015//

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7th Circuit Court of Appeals

Case Name: United States of America v. Abidemi Ajayi

Case No: 14-2183

Officials: WOOD, Chief Judge, and ROVNER and WILLIAMS, Circuit Judges. 

Practice Area: Sufficiency of Evidence – Mutiplicitous Counts

Overwhelming evidence overcomes appellants allegations that evidence was insufficient to establish guilt. Several of the bank fraud charges are multiplicitous.

“The government introduced evidence establishing that the fraudulent alterations of the check were readily apparent, that Ajayi had control of the business account, with a $90.08 balance, that carried a balance of less than $332 the year before the deposit. The government also proved that Ajayi deposited the check through an ATM as opposed to a teller and that within five days of the check’s clearance, Ajayi withdrew approximately $171,000. He wrote checks to himself that he cashed at different branches, sent a wire transfer to a third‐party in Florida, and made purchases at retailers such as Gap and the Apple Store. While there was no direct evidence that Ajayi deposited the check knowing it had been altered, the government could also establish this fact by circumstantial evidence and by inferences drawn from the scheme itself. See United States v. Howard, 30 F.3d 871, 874 (7th Cir. 1994); see also United States v. Jackson, 540 F.3d 578, 594 (7th Cir. 2008). Based on the government’s circumstantial evidence regarding the ac‐ count balances and the way that Ajayi withdrew funds, a rtional juror could have found that Ajayi knowingly deposit‐ ed a fraudulent check. Additionally, there was evidence that the alterations on the check were obvious. Given these facts, Ajayi’s story that he was expecting a $45,000 check—but received one for almost $350,000, and cashed it—is highly suspect. Finally, this evidence was sufficient not only to establish that Ajayi deposited the check knowing of the alternation, but it also supports the money laundering conviction.”

Affirmed in part. Vacated as to counts 2, 3, 4 and 6 as multiplictous and remanded for resentencing

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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