CLICK HERE FOR FULL TEXT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
CHRIS FOLAD (17-5538) and KHALED FATTAH (17-5544),
Defendants-Appellants.
   Nos. 17-5538/5544
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: November 29, 2017
Decided and Filed: December 11, 2017
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 information over to the government, prompting several criminal convictions, one-year sentences for Folad and Fattah, and a predictable restitution order.

The issue: After the scheme had ended and after SafeCash, the owner of the ATMs, had determined what had happened, SafeCash replaced seventeen of the relevant eighteen ATMs in response to a federal regulation requiring that they be accessible to individuals with sight impairments. That amounted to the destruction of potentially exculpatory evidence, Folad and Fattah claim, and thus violated their due process rights. For the reasons that follow, we affirm the convictions and sentences.



CLICK HERE FOR FULL TEXT
IN RE: MOUNTAIN GLACIER LLC,
Debtor.
___________________________________________

NESTLÉ WATERS NORTH AMERICA, INC.,
Appellant,
v.
MOUNTAIN GLACIER LLC,
Appellee.
   No. 17-5638
Appeal from the United States District Court
for the Middle District of Tennessee at Nashville.
No. 3:17-cv-00154—Aleta Arthur Trauger, District Judge.
United States Bankruptcy Court for the Middle District of Tennessee at Nashville.
No. 15-03817; Adv. Pro. No. 3:16-ap-90113—Charles M. Walker, Judge.
Argued: December 5, 2017
Decided and Filed: December 11, 2017
Before: SILER, KETHLEDGE, and THAPAR, Circuit Judges.


_________________________
OPINION
_________________________

THAPAR, Circuit Judge. Sometimes bankrupt debtors want to hold on to legal claims that pre-date their bankruptcies. They are allowed to do so—but only if they reserve those claims in their reorganization plans. The question in this appeal is exactly what a debtor needs to say about a claim to preserve it for later.

. . .

We AFFIRM.