United States v. John O'BOyle

Defendant appeals his conviction for the interstate transportation of money taken by fraud. 18 U.S.C. § 2314. Defendant claims that the District Court applied an improper standard in denying his pre- and post-trial motions for judgment of acquittal. He further claims that the jury’s verdict was not supported by the weight of the evidence because the government failed to prove that defendant’s representations were fraudulent, or that they were relied upon. It is also urged that the testimony of the government’s chief witness, Schell, is so contradictory as to not be credible.

In 1978 Schell and…