Memo of Points and Authorities Essay

On November 15, 2010, Bank Investigator Martin Jankovich informed Bryan Jergen, an agent with the F. B. I. , of an investigation he had conducted related to a suspected credit card fraud perpetrated by Benjamin Creighton. He believes Benjamin Creighton used the ATM card and Citibank MasterCard belonging to Terry Creighton, his mother, two days after her sudden death on July 24, 2010. A review of the account records of Citibank showed that on July 26 2010, the ATM card was used to withdraw a sum of $758 from the checking account, bringing its balance to zero.

In addition on the same date, the credit card was used to purchase an item of jewelry at Mario’s Jewelers. The item price was $648 including tax. Investigator Jankovich stated as soon as the matter was referred to him on November 2, 2010, he contacted Ms. Creighton’s employer and spoke with Ellen Rivera. Ms. Rivera stated that Ms. Creighton often spoke about a new girlfriend her son has been dating and mentioned that the young women and her son had talked about marriage. The girlfriend’s name was Melyssa Baylor.

We Will Write a Custom Essay Specifically
For You For Only $13.90/page!


order now

On or about November 5, 2010, Investigator Jankovich contacted the owner of Mario’s Jewelers regarding the Citibank MasterCard charge. Mario Battaglia, the owner of Mario’s, recalled the transaction and positively identified Benjamin Creighton as the purchaser of the ring. Battaglia also stated that the purchaser, Benjamin Creighton, had been in the store on prior occasions with a young woman looking at engagement rings. Investigator Jankovich then managed to locate contact information for Melyssa Baylor.

On November 10, 2010, he had a telephone conversation with her during which he inquired about the engagement ring and about the whereabouts of Benjamin Creighton. She denied any knowledge concerning the ring and stated that Benjamin Creighton had stayed with her from August 15, 2010 through October 30, 2010 but that he had left on October 30, 2010 and she has not heard from him since. After this conversation, Investigator Jankovich approached various neighbors of Ms. Baylor. One neighbor, Mildred Delmonico, told Investigator Jankovich that within the last week she had seen Melyssa wearing a diamond engagement ring.

Pursuant to receiving a search warrant for Melyssa Baylor’s residence, the search revealed one diamond ring, a copy of appraisal of the diamond ring signed by Mario Battaglia, copies of credit card billing statements from Citibank in the name of Terry Creighton, for the months of September and October, and copies of a credit card statement in the name of Melyssa Baylor for an airline ticket on Alaska Air in the amount of $378. 00 dated November 5, 2010. Statement of Issues 1. Can we meet the requirement of the accessory statute requiring that the accused had knowledge that someone has committed a federal offense? . Does it matter that we cannot find Benjamin Creighton to arrest and prosecute him for the underlying felony? 3. Can we support the element of the underlying felony requiring that the property obtained by fraud be valued at $1,000 or more?

Summary of Argument The defendant, Melyssa Baylor, qualifies as an accessory after the fact by concealing the perpetrator by allowing him to live at her house knowing that he has committed a felony, helping the perpetrator flee the scene by buying him a plane ticket, concealing physical evidence in her home like receipts, credit card statements of Terry Creighton, etc. and lying to the police and investigators about having any knowledge of the engagement ring fraudulently purchased by Benjamin Creighton. Melyssa Baylor let Benjamin Creighton live at her house from August 15, 2010 through October 30, 2010 were he fled from conviction. Accordingly, she aided Mr. Creighton’s escape from authority as expressed by the evidence of an airline ticket on Alaska Air in the amount of $378 dated November 5, 2010 seized from her property.

Melyssa Baylor can be charged as an accessory after the fact solely by lying to police and investigative officers about not having any knowledge of the engagement ring, when the evidence found in the search of her home revealed credit card statements of Terry Creighton and copies of the appraisal of the diamond engagement ring singed by Mario Battaglia. Argument Benjamin Creighton knowingly and with intent to defraud, used one or more counterfeit access devices during any one-year period, and by such conduct obtains anything of value aggregating $1,000 or more during that period, without the authorization of the issuer of the access device. An Accessory is he, who is not the chief actor in the offense, nor present at its performance, but is some way concerned therein, either before or after the fact committed. ” Jones’ Blackstone, Brooks 3 and 4, P. 2202; United States v. Hartwell, 26 Fed. Cas. 196, No. 15, 318; Melyssa Baylor violated this law when she assisted Benjamin Creighton after he committed a felony by aiding in his escape from conviction. The defendant, Melyssa Baylor, let Benjamin Creighton live at her house from August 15, 2010 through October 30, 2010 were he fled from conviction. Accordingly, she aided Mr.

Creighton’s escape from authority as expressed by the evidence of an airline ticket on Alaska Air in the amount of $378 dated November 5, 2010 seized from her property. There are a variety of ways that you can qualify as an accessory after the fact and Melyssa satisfies all of the following: Concealing the perpetrator by allowing him to live at her house knowing that he has committed a felony, helping the perpetrator flee the scene by buying him a plane ticket, concealing physical evidence in her home like receipts, credit card statements of Terry Creighton, etc. and lying to the police about having any knowledge of the engagement ring fraudulently purchased by Benjamin Creighton. “Guilt as a principal and being an accessory after the fact have been said to be mutually exclusive. (People v. Prado, supra, 67 Cal. App. 3d at p. 273. )” However, the mutually exclusive concept should not be overstated. This concept is merely an application of the “bright line” rule we have referred to in connection with principals under section 31, that is, anyone “concerned” in the commission of a crime, no matter how slight such concern may be, is guilty as a principal.

People v. Talbott, supra, 65 Cal. App. 2d 654, 665. ) Such a person must commit or intentionally encourage or assist another to commit an offense before or during the commission of the crime. (People v. Durham, supra, 70 Cal. 2d at p. 181. ) An accessory, on the other hand, must lend assistance to the principal after the commissions of the offense with the intent of helping him escape capture, trial or punishment. Melyssa Baylor can be charged as an accessory after the fact olely by lying to police and investigative officers about not having any knowledge of the engagement ring, when the evidence found in the search of her home revealed credit card statements of Terry Creighton and copies of the appraisal of the diamond engagement ring singed by Mario Battaglia. 1. Whether Ms. Baylor’s actions meet the requirement of the accessory statute requiring that the accused had knowledge that someone had committed a federal offense. The elements of Accessory after the fact in a crime are:

1. Someone committed a felony . You knowingly harbored, concealed, or aided that individual 3. Knowing that he/she had committed the felony 4. In order to protect him/her from arrest, trial, conviction, or sentencing. Benjamin Creighton committed the felony of credit card fraud by using his deceased mother’s credit card totaling a sum of $1,406 which satisfies the element of credit card fraud requiring that the property obtained by fraud be valued at $1,000 or more. Melyssa Baylor knowingly harbored and aided Benjamin Creighton knowing that he had committed this felony.

Melyssa received, accepted, and converted the engagement ring to her personal use, and lied to Investigator Jankovich with regards to her knowledge of the engagement ring in order to protect Benjamin from arrest. 2. Whether the whereabouts of Benjamin Creighton is relevant in persecuting her as accessory after fact. The statute is silent on whether the whereabouts of the principal is necessary to convict an accessory of the fact. This implies that the whereabouts of Benjamin Creighton is irrelevant in terms of prosecuting the accessory after the fact as long as the defendant satisfies all the elements in the statute.

Melyssa Baylor does satisfy all the elements in the statute pursuant to 18 USCS § 3 and therefore we do not need Benjamin Creighton to charge her with Accessory after the fact in credit card fraud. Charges against Melyssa Baylor should be pending until Benjamin Creighton is found guilty of the felony crime. 3. Whether the action of Benjamin Creighton satisfies the element of credit card fraud requiring that the property obtained by fraud be valued at $1,000 or more.

A review of the account records of Citibank showed that on July 26, 2010, the ATM card was used to withdraw a sum of $758 from the checking account. In addition on the same date, the credit card was used to purchase an item of jewelry priced at $648 including tax. The totaling sum of $1,406 satisfies the element of credit card fraud requiring that the property obtained by fraud be valued at $1,000 or more. With respect to these facts, the Court shall find that Melyssa Baylor is an accessory after fact in credit card fraud pursuant of 18 USCS § 3, Accessory after the Fact.

Conclusion Melyssa Baylor wrongfully assisted Benjamin Creighton in credit card fraud from his deceased mother Terry Creighton. The fraudulent scheme implemented by Benjamin Creighton, impersonating his mother in bank and credit card transactions violated 18 USCS § 1341 and 18 USCS § 1344. Benjamin Creighton committed the felony of credit card fraud by using his deceased mother’s credit card totaling a sum of $1,406 which satisfies the element of credit card fraud requiring that the property obtained by fraud be valued at $1,000 or more.

Melyssa Baylor knowingly harbored and aided Benjamin Creighton knowing that he had committed this felony. Melyssa received, accepted, and converted the engagement ring to her personal use, and lied to Investigator Jankovich with regards to her knowledge of the engagement ring in order to protect Benjamin from arrest. The Court should find Melyssa Baylor guilty of Accessory After the fact in credit card fraud pursuant to 18 USCS § 3.

x

Hi!
I'm Tamara!

Would you like to get a custom essay? How about receiving a customized one?

Check it out