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Criminal Law Keyed to Osler

United States v. Leke

Citation:

237 Fed. Appx. 54 (6th Cir. 2007)

Facts

Morning of December 2, 2006 it was discovered that almost $40,000 was stolen from an ATM outside of the Regions Bank. The day before Shawn Howard, a teller, went out with the defendant to the ATM in the morning to replenish it by placing $40,000 in it. They were given the task to do by the supervisory teller Patsy Hickerson who tasked the two of them with ATM duties because she was too short to service the machine. Those three were the only ones who had the code and key to open the ATM. Howard went for lunch later and when he returned learned that the defendant went out by himself to replace the receipt tape. When only one person was around both Howard and defendant went out to the ATM, but if only one was around only one of them did the work. That day after work, Howard went to his night class and his wife affirmed that he got home around 8 or 9PM and did not leave until he went to work the next morning. Howard was the individual who found the ATM was empty that morning and called security. He also testified that the defendant told him of his financial troubles and his plans to move to Arizona.

When the security officers Scott Coggins and Ronnie Gross looked at the ATM, they initially determined it was an inside job because there was no tampering or damage to the machine. That meant either Howard, Hickerson, or the defendant, the three people with the code, were the suspects. After speaking to Hickerson and learning that she was too small to service the machine, she was ruled out. They thought Howard was honest and gave truthful information. The defendant they said seemed to be deceiving them so they notified law enforcement about the defendant. Additionally, they found that the security camera was turned to be out of focus on the ATM and that it was broke into at 1:30AM.

When the defendant spoke to police, he said that whoever stole the money left the cassettes at the bottom of a creek called the bottoms. He took them there and at the second location, the cassettes were found, a few miles from where the bank was. After they were found the defendant stopped cooperating with investigators. Andrew Ward, defendant’s co-conspirator, also testified. He said that the defendant came up with the plan and left the doors to the ATM unlocked. After stealing the money they drove to the bottoms to dump the cassettes, and split the money. With his money, the defendant bought a new vehicle in 20-dollar-bills and went on a shopping spree. By the time the investigators found him he only had $8,500 left which he turned over. Defendant’s wife testified that they had a lot of 20-dollar-bills from a cash loans they took out a week after the robbery. Defendant was convicted of conspiracy, embezzlement, and bank larceny.

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Topic Resources

Topic Outline

Theft Crimes

Topic Refresher Course

Larceny

Topic Charts & Notes

Theft

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