The district court found that Raulerson conferred trust on Linville in giving him access to its books and signature authority on its account. That is more or less what happened here, and the district court's findings thus suffice to require the two-level increase. Linville maintains nonetheless that only a federally insured bank can be the victim in a bank-fraud case. He cites United States v. Garrison for this proposition because Garrison held that only the federal government can be a victim of Medicare fraud. Garrison offered no explanation of its implicit holding that the United States is the only possible victim of Medicare fraud, but the likely reason is that the government is the only entity that pays directly out of pocket for the losses.
Bank fraud is distinguishable.
Money under the custody or control of a bank is not necessarily money whose loss the bank is responsible for, as this case amply illustrates. The bank fraud statute, then, contemplates a larger class of victims than the Medicare fraud statute. It follows that more than one person could, depending on the case's facts, be the victim who reposes trust in the defendant. Because the district court properly increased Linville's offense level under U.S.S.G. 3B1.3, we affirm his sentences. Linville also argues that the evidence was insufficient to support his convictions.