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Moore: Rule 29 Motion in VA theft

By Tim Cone

In U.S. v. Moore, No. 07-10237 (Oct. 26, 2007), the Court reversed the district court?s denial of a Rule 29 motion for judgment of acquittal for defendants convicted by a jury of theft of government property in violation of 18 U.S.C. § 641.A widow of a war veteran was receiving a monthly direct deposit benefit payment from the Veterans Administration, to an account the widow shared with her son. After she died, the direct deposit continued to be made to the account, now shared by the son with his wife. The son and his wife did not notify the Veterans Administration of the mother?s death. Years later, the Veterans Administration discovered the continued payments, and the son and his wife were prosecuted for theft of the benefits that continued to be deposited to their account...continue to full post

Full post as published by Defense Newsletter Blog on October 29, 2007 (boomark / email).