, 3 tweets, 2 min read Read on Twitter
11th Cir.: "Let this be a warning to federal prosecutors: You are (as the author's mother used to say) cruisin' for a bruisin'. Don't apologize - do better."
The court says DOJ isn't doing a great job proving that the people it charges with bank fraud are defrauding federally-insured banks, which is one of the elements of the crime and should be pretty easy to do.
media.ca11.uscourts.gov/opinions/pub/f…
The court says "good enough." But the panel split on that. Judge Tjoflat, dissenting, says there was no evidence that the bank was insured at the time of the fraud. "Although proving that fact should be simple and straightforward, the government consistently has trouble with it."
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