United States v. Michael Shapiro

SWYGERT, Circuit Judge.

Defendant-appellant Michael Shapiro appeals from a judgment and sentence entered upon a guilty verdict of a jury for conspiracy to misapply bank funds and aiding and abetting the misapplication of bank funds, violations of 18 U.S.G. §§ 371, 656, and 2.2 We reverse.

I

Evidence adduced at trial showed that Shapiro and his codefendants maintained nine business and personal checking accounts at the First National Bank of Glendale, Wisconsin. Phyllis Wypiszynski, head bookkeeper at the bank, was responsible for monitoring such checking accounts. When dealing with a check on an…