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United States v. Folad

United States Court of Appeals, Sixth Circuit

December 11, 2017

United States of America, Plaintiff-Appellee,
v.
Chris Folad (17-5538) and Khaled Fattah (17-5544), Defendants-Appellants.

          Argued: November 29, 2017

         Appeal from the United States District Court for the Middle District of Tennessee at Nashville. No. 3:14-cr-00168-1-Aleta Arthur Trauger, District Judge.

         ARGUED:

          Cynthia A. Sherwood, SHERWOOD BOUTIQUE LITIGATION, PLC, Nashville, Tennessee, for Appellant in 17-5538.

          Richard Lewis Tennent, BELL, TENNENT & FROGGE, PLLC, Nashville, Tennessee, for Appellant in 17-5544.

          Amanda B. Harris, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

         ON BRIEF:

          Cynthia A. Sherwood, SHERWOOD BOUTIQUE LITIGATION, PLC, Nashville, Tennessee, for Appellant in 17-5538.

          Richard Lewis Tennent, BELL, TENNENT & FROGGE, PLLC, Nashville, Tennessee, for Appellant in 17-5544.

          Amanda B. Harris, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., Henry Leventis, UNITED STATES ATTORNEY'S OFFICE, Nashville, Tennessee, for Appellee.

          Before: GILMAN, SUTTON, and STRANCH, Circuit Judges.

          OPINION

          SUTTON, CIRCUIT JUDGE.

         Best we can tell, the crime at issue in this case and the issue prompted by it are unique.

         The crime: Individuals reprogrammed ATMs to dispense $20 bills for each $1 they were supposed to dispense. Requesting $40 at a compromised ATM thus would deliver forty $20 bills instead of two. All told, the artful technicians extracted from the ATMs more than $600, 000 that did not belong to them. The ATMs were owned by a company that does business in Tennessee, infelicitously named SafeCash Systems. SafeCash investigated the crimes and found evidence that a former employee who serviced the machines, Chris Folad, and his friend, Khaled Fattah, engineered the scheme. They turned the ...


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