66 F.3d 317 (4th Cir. 1995), 94-5821, U.S. v. Dilks

Docket Nº:94-5821.
Citation:66 F.3d 317
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Julien K. DILKS, Defendant-Appellant.
Case Date:September 14, 1995
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
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Page 317

66 F.3d 317 (4th Cir. 1995)

UNITED STATES of America, Plaintiff-Appellee,

v.

Julien K. DILKS, Defendant-Appellant.

No. 94-5821.

United States Court of Appeals, Fourth Circuit

September 14, 1995

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA4 Rule 36 regarding use of unpublished opinions)

Submitted Aug. 8, 1995.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, District Judge. (CR-93-91-R)

W.D.Va.

AFFIRMED.

John P. Fishwick, Jr., David A. Clark, Fishwick, Jones & Glenn, Roanoke, VA, for appellant.

Robert P. Crouch, Jr., U.S. Atty., Thomas L. Eckert, Asst. U.S. Atty., Roanoke, VA, for appellee.

Before HALL, WILKINS and MOTZ, Circuit Judges.

OPINION

PER CURIAM:

Julien K. Dilks appeals his conviction for bank fraud under 18 U.S.C.A. § 1344 (West Supp.1995). He contends that insufficient evidence existed to convict him and that he should not have been prosecuted under the bank fraud statute. Finding no error, we affirm.

I.

Testimony disclosed that Dilks and Marco Montemezzi, Dilks' longtime friend and mentor, founded the JMA Foundation ("JMA") and National Brain Injury Research Group ("NBIRG") in Washington, D.C., to provide information and support to patients recovering from brain injuries. Dilks acted as president of JMA and NBIRG, and Montemezzi was JMA's primary contributor and usually assisted JMA with any financial difficulties. Although Montemezzi eventually declared bankruptcy, he had provided in his will for JMA to receive money to clear its debts and had begun to make arrangements to sell his home to benefit JMA.

In addition to acting as JMA and NBIRG's president, Dilks handled the finances for both organizations. JMA experienced some difficulty in raising funds and meeting the payroll for its small number of employees. Despite JMA's financial problems, Dilks opened checking accounts at Franklin National Bank ("FNB") in Washington, D.C., First Virginia Bank ("FVB") in Charlottesville, Virginia, and First American Bank ("FAB"), in Washington, D.C. Dilks also opened an investment account at Merrill Lynch, which never held securities.

Dilks made many large transactions between the JMA accounts. On August 17, 1992, Dilks deposited into JMA's FAB account a check drawn on FVB in the amount of $35,000. Two days later, Dilks deposited another $35,000 check drawn on FVB into JMA's FAB account. On the next day, August 20, Dilks conducted three transactions. First, he deposited a $47,000 check from Montemezzi into JMA's FNB...

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