Peery v. United States

Summary

The District of Columbia Court of Appeals reversed David Van Buren Peery's convictions for five counts of second-degree theft involving personal charges on his law firm's corporate credit card. The court held that the government presented insufficient evidence that Peery knew he lacked authority to use the card for personal expenses, particularly because no written or oral policy prohibited such use and his conduct was ambiguously consistent with an innocent explanation. The case was remanded with instructions to enter a judgment of acquittal.

Holdings

1. The evidence was insufficient to prove beyond a reasonable doubt that, at the time of the personal purchases, Peery knew he lacked authority to use the firm's card. His convictions therefore could not stand.
2. The court did not decide the burden-shifting issue because it reversed the convictions on the ground that the evidence was insufficient.

Questions Presented

1. Whether the government presented sufficient evidence to prove that Peery knowingly used the firm's corporate charge card for personal expenses without authority, an essential element of second-degree theft.
2. Whether the trial court improperly shifted the burden of proof from the government to the defense.

Disposition

reversed_and_remanded