Memo of Points and Authorities

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Jackie Johns, Esq.
(CA Bar No. 208286)
U.S. DEPARTMENT OF JUSTICE, ANTITRUST DIVISION
450 Golden Gate Avenue, Rm. 10-0101
San Francisco, CA 94102-3478
(415) 436-6660
(415) 436-6683 (Fax)

Attorneys for Plaintiff the United States of America

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

____________________________________

United States of America
Case No. CR-00897
Plaintiffs,

v.

Melyssa BaylorPlaintiffs’ Memorandum of Points and Authorities in Support of Complaint for Charge of Accessory after the fact in the crime of Credit Card Fraud
Defendant,

____________________________________

Table of Contents

Table of Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Statement of Facts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-4

Statement of Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Summary of Argument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Argument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-7

Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Table of Authorities

Cases:

United States v. Joshua Brent Squirrel; 588 F. 3d 207, 2009 U.S. App.

United States v. Michael Edward Slee; 588 F. 3d 207, 2009 U.S. App.

United States v. Donald Davenport; 445 F. 3d 366, 2006 U.S. App.

United States v. Vickie S. Cabrales; 524 U.S. 1, 118 S. Ct. 1772, 1998

People v. Prado, supra, 67 Cal.App.3d at p. 273

People v. Talbott, supra, 65 Cal.App.2d 654, 665

People v. Durham, supra, 70 Cal.2d at p. 181

Statutes:

18 USCS § 1341

18 USCS § 1344

18 USCS § 3

18 USCS § 1029 (a) (5)
Statement of Facts

On November 15, 2010, Bank Investigator Martin Jankovich informed Bryan Jergen, an agent with the F.B.I., of an investigation he had conducted related to a suspected credit card fraud perpetrated by Benjamin Creighton. He believes Benjamin Creighton used the ATM card and Citibank MasterCard belonging to Terry Creighton, his mother, two days after her sudden death on July 24, 2010. A review of the account records of Citibank showed that on July 26 2010, the ATM card was used to withdraw a sum of $758 from the checking account, bringing its balance to zero. In addition on the same date, the credit card was used to purchase an item of jewelry at Mario’s Jewelers. The item price was $648 including tax. Investigator Jankovich stated as soon as the matter was referred to him on November 2, 2010, he contacted Ms. Creighton’s employer and spoke with Ellen Rivera. Ms. Rivera stated that Ms. Creighton often spoke about a new girlfriend her son has been dating and mentioned that the young women and her son had talked about marriage. The girlfriend’s name was Melyssa Baylor. On or about November 5, 2010, Investigator Jankovich contacted the owner of Mario’s Jewelers regarding the Citibank MasterCard charge. Mario Battaglia, the owner of Mario’s, recalled the transaction and positively identified Benjamin Creighton as the purchaser of the ring. Battaglia also stated that the purchaser, Benjamin Creighton, had been in the store on prior occasions with a young woman looking at engagement rings. Investigator Jankovich then managed to locate contact information for Melyssa Baylor. On November 10, 2010, he had a telephone conversation with her during which he inquired about the engagement ring and about the whereabouts of Benjamin Creighton. She denied any knowledge concerning the ring and stated that Benjamin Creighton had stayed with her from August 15, 2010 through October 30, 2010 but that he had left on...
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