Does a conviction for bank fraud require proof of either subsection (1) or subsection (2) of the Bank Fraud Act?
MultiRegion, United States of America
The following excerpt is from U.S. v. Chandler, 98 F.3d 711 (2nd Cir. 1996):
18 U.S.C. 1344 (emphasis added). Subsections (1) and (2) are distinct, though often overlapping, offenses. The statute plainly provides that conviction for bank fraud requires proof of subsection (1) or subsection (2), but not both. See, e.g., United States v. Ragosta, 970 F.2d 1085 (2d Cir.1992) (affirming conviction based on subsection (1) only).
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