UNITED STATES OF AMERICA, -v- RUBEN WEIGAND and HAMID AKHAVAN, Defendants., 482 F. Supp. 3d 224

Summary

HOLDINGS: [1]-The indictment stated a claim for conspiracy to commit bank fraud under 18 U.S.C.S. §§ 1349, 1344(1), (2) because defendants intended to harm the banks' property interests, and to obtain money under their control; defendants intended to deceive financial institutions protected by the bank fraud statute; and the indictment alleged that many banks would have refused to process accurately presented marijuana transactions, which was enough to allege materiality; [2]-Under the Fourth Amendment, the first defendant's motion to suppress was denied as there was probable cause to believe the electronic devices would contain evidence of the crime of bank fraud; probable cause remained despite the passage of time; a limited, preliminary review of the entire device was justified; and the specific categories of information to be seized were described with enough particularity.