To support a conviction for the crime of bank fraud, the government must prove that defendant "(1) engaged in a course of conduct designed to deceive a federally chartered or insured financial institution into releasing property and (2) possessed an intent to victimize the institution by exposing it to actual or potential loss". Although Eng admitted to signing three checks, there is no indication in the record that she allocuted to the elements of bank fraud. Eng pleaded guilty solely to conspiracy to defraud, and her plea minutes were not attached to the motion. As Supreme Court correctly noted, New York does not recognize an independent cause of action for conspiracy to commit a civil tort. Plaintiff failed to establish that Eng ever assumed or exercised control over any property belonging to the bank. Whether the trial court erred in denying plaintiff's motion for summary judgment as against defendant Frances Eng. New York does not recognize an independent cause of action for conspiracy to commit a civil tort. The plaintiff failed to establish that Eng ever assumed or exercised control over any property belonging to the bank. A cause of action for fraud was asserted only against Lim. The plaintiff did not seek the full amount of the default judgment against Eng. ![]() ![]() The plaintiff filed an action seeking restitution of funds embezzled in furtherance of a fraudulent scheme perpetrated by some of its employees, including Carol John Mee Lim, the manager of one of its branches, and defendant Frances Eng, who was Lim's sister.
0 Comments
Leave a Reply. |