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Amerithrax — Part 13
Page 161
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endorsement of the check with the requisite intent to defraud.
In reaching this conclusion, we are persuaded by the
reasoning put forth in United States v. Richardson, 755
F.2d 685 (8th Cir. 1985) (per curiam) and United States v.
Rivamonte, 666 F.2d 515 (11th Cir. 1982) (per curiam). In
both Richardson and Rivamonte, as here, the handwriting
expert's testimony established only that it was "probable"
that the defendant had forged the check.
In Richardson, the court upheld a check forgery
conviction challenged on insufficiency grounds. The
handwriting expert testified that Richardson had "probably"
signed the check. This testimony was supplemented by
evidence that Richardson had access to a key to the
victim's home, that she had made a deposit in the exact
same amount as the stolen check, and that her fingerprints
were on the stolen check. In upholding the conviction, the
court concluded that this was "ample evidence to support
the verdict." Richardson, 755 F.2d at 686.
Similarly, in Rivamonte, the court upheld a check forgery
conviction based on the following evidence: a handwriting
expert's testimony that the defendant had "probably" signed
http://vis.law.vill.edu/locator/3d/July1997/97a1636p.htm _
Page 13 of 29
5/10/2005
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