A split federal appeals court on Wednesday affirmed the conviction of a Florida surveyor for defrauding an FDIC-insured bank but warned federal prosecutors to present better evidence in the future that a swindled bank is in fact federally insured.
“Don’t apologize - do better,” U.S. Circuit Judge Kevin Newsom, writing for an 11th U.S. Circuit Appeals Court panel, said in a warning to prosecutors. “The proof of FDIC insurance here - as in other cases in which we have rapped the government’s knuckles - was hardly overwhelming.”
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