679 F.2d 770 (9th Cir. 1982), 81-1472, United States v. Hazeem

Docket Nº:81-1472.
Citation:679 F.2d 770
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Frederick Edward HAZEEM, Defendant-Appellant.
Case Date:April 05, 1982
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 770

679 F.2d 770 (9th Cir. 1982)

UNITED STATES of America, Plaintiff-Appellee,

v.

Frederick Edward HAZEEM, Defendant-Appellant.

No. 81-1472.

United States Court of Appeals, Ninth Circuit

April 5, 1982

Argued and Submitted Feb. 2, 1982.

Page 771

James S. Coon, Portland, Or., for defendant-appellant.

Charles H. Turner, Asst. U. S. Atty., Portland, Or., for plaintiff-appellee.

Appeal from the United States District Court for the District of Oregon.

Before SNEED, ANDERSON, and REINHARDT, Circuit Judges.

REINHARDT, Circuit Judge.

Frederick Edward Hazeem appeals his conviction on four counts of aiding and abetting, in violation of 18 U.S.C. § 2, and one count of conspiracy, in violation of 18 U.S.C. § 371. The indictment alleged that Jill Marie Walker, a bank employee, purloined, embezzled, abstracted, and willfully misapplied bank funds, in violation of 18 U.S.C. § 656. 1 The indictment then

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charged that Hazeem aided, abetted and conspired with Walker to commit these crimes. Hazeem maintains that the evidence was insufficient to demonstrate that Walker committed any of the four acts charged. Hazeem also asserts that he was prejudiced by a variance between the amounts allegedly taken, as charged in the indictment and as proved at trial. Finally, Hazeem claims that the trial court erred in denying his motion for a new trial. We affirm.

I

A brief summary of the evidence indicates the following facts. From August 1978 until November 1978, Hazeem and Walker resided together. During this time Walker was employed as a teller and general ledger bookkeeper with the First National Bank of Oregon. Her duties included cashing checks, filing documents, and balancing account statements. Walker had access to signature cards, which contained the account numbers, names and addresses of depositors. She also had access to a daily savings printout, which reflected the current savings account balances of various branch depositors.

In late September 1978, Hazeem requested Walker to furnish him information about accounts with substantial balances. He inquired about the internal operation of the bank as well as the mechanics of processing savings account withdrawals. Initially reluctant, Walker later agreed to supply the data, and, in fact, provided Hazeem with the signature cards and account balances for three customers.

Thereafter, Hazeem and Gary Gene Long acquired identification in the names of these three depositors. Prepared with the false identification and the signature of a depositor, Hazeem and Long would travel to branches of the bank, other than Walker's, and withdraw large sums of money from the accounts. On two occasions Walker destroyed the interbranch withdrawal receipts, which indicated Hazeem's transactions. In one instance, after an aborted withdrawal, Walker telephonically provided Hazeem with additional...

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