Gregory Chandler on Embezzlement Litigation

United States v. Weller, 238 F. 3d 1215 (10th Cir. 2001) is a case about embezzlement litigation. In a bank manager's trial for embezzlement, the prosecution introduced evidence that the defendant had an empty bank account and "maxed out" credit cards prior to the incident charged. The bank manager also had substantial cash in the weeks following the incident charged.

The Court found no abuse of discretion in admission of the evidence. Although ordinarily evidence of the defendant's poverty is inadmissible to show a motive for crime, a significant change in the defendant's financial status, as in this case, can be quite probative of the commission of a crime.


GREGORY CHANDLER, Attorney at Law