TABLE OF CONTENTS

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TABLE OF AUTHORITIES iii

I. STATEMENT OF SUBJECT MATTER 1

AND APPELLATE JURISDICTION

II. Statement of the Case 2

III. STATEMENT OF THE FACTS 2
  1. The Government’s Insufficient Evidence 2

    2. Regarding Activities of Alleged Bank Fraud,

    Money Laundering, and Monetary Transactions

  2. Benjamin’s Rule 29 Motion for Acquittal 4

    3. for Insufficient Evidence
  3. Standard of Review

for Insufficiency of the Evidence 5

IV. SUMMARY OF ARGUMENT 5

V. ARGUMENT 6

  1. The GOVERNMENT’S Lack of Proof

    2. of the ALLEGATIONS IN THE INDICTMENT 6

  2. There was Insufficient Evidence

To Show That Mr. Benjamin Believed

The Property To Be Proceeds of A

Specified Unlawful Activity 7
  1. The Government Did Not Prove

That Benjamin Knowingly Engaged

in a Monetary Transaction Involving

Criminally Derived Property 8

  1. The Government Offered No Evidence

That the Transactions in Counts 8 and 9

Effected Interstate Commerce 9

 

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D. THE TRIAL COURT IMPROPERLY INSTRUCTED THE JURY

FATALLY PREJUDICING BENJAMIN 10

 

  1. The Improper Instruction Took The

    2. Interstate Commerce Element Away From The Jury 11

  2. Based On The Improper Instructions, The Jury Could Have Reached A "Composite Verdict" Rather Than Agreeing Unanimously On What Specific Proscribed Act Benjamin Committed 17

E. THE FATAL VARIANCE BETWEEN PLEADING AND PROOF 18

  1. Benjamin must Be Acquitted of the Bank Fraud

    2. Charge Because the Government Failed to Prove

    the Allegations in the Indictment 19

  2. Benjamin Must Be Acquitted of the Bank Fraud Charge

the Jury Was Not Sufficiently Instructed including on

the Element of Materiality Neder v. United States 21 21

  1. THE PROSECUTION'S FAILURE TO DISCLOSE SPECIFIC EVIDENCE TO THE ACCUSED VIOLATED BRADY BECAUSE THE EVIDENCE WAS BOTH FAVORABLE AND MATERIAL. STRICKLER V. GREENE, 119 S. CT. 1936, 1948-49 (1999) 22
  2. African Americans Were Underrepresented on Benjamin’s Jury Venire 27
  3. H. Benjamin WAS DENIED HIS SIXTH AMENDMENT RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL 29

CONCLUSION 29

ADDENDUM

CERTIFICATE OF SERVICE

CERTIFICATE OF COMPLIANCE WITH FEDERAL RULE OF APPELLATE PROCEDURE 32(a)(7)

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