February 19th, 2018

​US Court of Appeals for the Fifth Circuit Opinions
United States v. Carbins, Jr.

Docket: 16-30998
Opinion Date: February 15, 2018
Judge: W. Eugene Davis
Areas of Law: Criminal Law, White Collar Crime

The Fifth Circuit affirmed defendant's conviction for aiding and abetting aggravated theft, which carries a mandatory consecutive two-year prison term. The court held that the evidence was sufficient to convict defendant because the jury could reasonably infer that when defendant accessed his bank accounts online, the online descriptions of the deposits were the same as reflected on the paper bank statements admitted at trial. Furthermore, the jury could have reasonably inferred that prior to the filing of the April 2013 tax returns, defendant knew or was deliberately ignorant regarding the fact that the bank drops were IRS tax refunds. Therefore, defendant's argument that he did not have the necessary intent under Rosemond v. United States, was thus unavailing.