What is the scope of the allegation in a criminal indictment for a credit union fraud?

This part of the allegation embraces both subdivisions one and two, omitting, however, subsection two's requirement that the scheme involve "false or fraudulent pretenses, representations or promises." Instead, the indictment charges the defendant with scheming to defraud the credit union "by depositing worthless checks." This language in the indictment has led to the appeal in this case because the presentation of overdrafts alone does not constitute a false statement to the bank. Williams v. United States, 458 U.S. 279, 102 S.Ct. 3088, 73 L.Ed.2d 767 (1982).

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