U.S. v. Boceanu
To prevail on conspiracy to commit bank fraud, the government is required to prove that: 1.) two or more individuals entered the agreement to commit bank fraud; and 2.) the defendant knowingly and willfully joined that agreement. The government charged the defendant, Bogdan Boceanu, with allegedly participating in a scheme to create an e-mail that directed recipients to a fake Web site for People's Bank. A jury convicted the defendant of conspiracy to commit bank fraud and conspiracy to commit fraud in connection with access devices, i.e., credit card fraud. At trial, the government presented a co-participant's testimony that the defendant allegedly asked for a list of "good" credit card numbers and exchanged e-mails that contained bank, Social Security and credit card numbers that allegedly had been stolen. The defendant moved to dismiss the allegation that he committed bank fraud and moved for judgment of acquittal. The defendant argued that the only evidence against him consisted of the e-mails he exchanged with a co-defendant, Nicola-Roman, and that Nicola-Roman sent the e-mail that directed recipients to a fake Web site for People's Bank. The defendant did not claim that there was no conspiracy, only that he did not knowingly and willfully join the conspiracy. The defendant argued that there was no evidence that the e-mails he sent to a co-defendant had any connection to the e-mails that the government claimed that co-defendant developed to direct recipients to a fake Web site. The court found that there was evidence that the defendant worked on a computer program intended to extract individual's e-mail addresses and that he worked closely with another individual who allegedly was working on the e-mail to direct recipients to a fake Web site for People's Bank. A reasonable jury could have found that the defendant knowingly and willingly joined the alleged agreement to commit bank fraud. The court denied the defendant's motion to dismiss and the defendant's motion for judgment of acquittal.