958
Fraud Affecting a Financial Institution
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To combat financial institution fraud, Congress enacted the
Financial
Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), Pub.L.
No.
101-73, which amended a number of criminal statutes, including the mail and
wire
fraud statutes, if the offense affects a financial institution. The term
"financial institution" is defined at 18 U.S.C. § 20.
QUERY: What is the meaning of the phrase "affects a financial
institution?" See United States v. Pelullo, 964 F.2d 193,
215-16
(3d Cir. 1992) (defendant's fraud against the financial institution's wholly
owned subsidiary affected the parent financial institution for purposes of
applying the ten-year statute of limitations to the wire fraud scheme).
[cited in Criminal Resource Manual 837; USAM 9-43.100] | |