Bank Fraud · Trial Preparation
Which Pretrial Motions Matter Most in a Bank Fraud Prosecution?
A disputed search, a defective count or an unreliable expert can call for different pretrial motions. Counsel must connect each request to the record and meet the court’s deadlines.
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A pretrial motion asks the judge to do something specific before the jury hears the case. In a bank fraud prosecution, that might mean dismissing a defective count, excluding evidence from a search or deciding whether an expert can offer a particular opinion. The deadline comes first. Counsel needs the scheduling order as well as the indictment when deciding what to file. Rule 12 covers many objections raised before trial; other requests have different requirements.
Read the counts before choosing a motion
Read each count on its own. Note the clause of § 1344, the alleged execution of the scheme and the financial institution named. A date in that count may raise a limitations question. The location of an alleged act may put venue in dispute. If two counts describe the same offense, counsel should investigate whether they are multiplicitous. Joinder of charges or defendants can raise another issue.
Counsel needs a factual and legal basis for the objection. A facial challenge asks whether the indictment is sufficient; it generally does not invite the judge to decide whose account of the evidence is true.
A search requires a different set of documents. Counsel compares the warrant with what investigators actually did: the account or device searched, the scope of permission and the evidence obtained. A suppression request should identify the evidence to be excluded and the legal basis for excluding it.
Sometimes the immediate need is a bank record the defense does not have. It helps to name the item. For example, a particular exception memorandum may explain why a lender approved a disputed draw. Counsel can then assess whether Rule 16, constitutional disclosure obligations, Rule 17(c) or another procedure provides a route to obtain it. A request for everything in the bank’s files is harder to support.
Target concrete evidentiary or expert issues
Suppose a proposed exhibit includes allegations from an unrelated civil complaint. Before trial, counsel can ask whether the jury should see those allegations at all, whether part of the exhibit should be removed or whether a limiting instruction would suffice. That is a practical use of a motion in limine. Rules 403 and 404(b) may matter, depending on the purpose for which the evidence is offered. An unrelated default, a regulator’s accusation or a separate lending dispute needs the same attention to its proposed use.
A duplicated transfer can inflate a chart’s total. Compare the entries with the bank statements and other records used to prepare it. If an expert offers the chart, ask how the analyst got from those records to the opinion. Under Rule 702, counsel can examine the reliability of the method and the way it was applied. The defense may disagree with the total and still lack a basis for excluding the opinion.
The same preparation is needed for a defense spreadsheet. Keep the source records available and determine how the spreadsheet will be authenticated.
Decide what to ask the judge to do
Draft the requested ruling first. “Exclude this exhibit” is a different request from “allow the exhibit, but remove these allegations.” Writing out both can help counsel assess a narrower alternative if the judge rejects the main request. The motion file should identify the count or evidence affected and contain the facts and authority supporting the request. Record the deadline there, along with what counsel must do to preserve the issue.
That working list should be checked against the current federal rules, district rules and the judge’s order. Some issues need to be raised even if the likely benefit is small. Others deserve substantial preparation because the ruling could change how the trial proceeds.
Primary legal sources
- Federal Rules of Criminal Procedure, including Rules 12, 16, and 17.
- Federal Rules of Evidence, including Rules 403, 404, and 702.
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