ND, a 31-year-old computer programmer, was charged in federal court with Wire Fraud after an investigation by police from another state and the United States Secret Service. Specifically, he was accused in a scheme whereby someone posed as a real customer of a bank whom had a line of credit. The impostor requested a transfer of funds to the personal checking account of ND. The bank, after performing a series of security checks, all of which were verified by the impostor, authorized the money transfer. Video evidence showed the following - a person who looked like ND made large cash withdrawals from ND's bank account in an amount equivalent to that which was fraudulently transferred.

The problem with the findings of the investigation is that it revealed no evidence that ND was the impostor or that he was responsible for facilitating the transfer.

ND hired attorney Henry Fasoldt to represent him.

There was a significant amount of evidence to review; including - bank records of multiple parties, phone records, reports from several investigatory agencies, signature comparison photos, surveillance photos, passport data, etc.

The out-of-state US Attorney's office ultimately dismissed the case. A year later the case made its way to Massachusetts, the home of ND and the receiving bank. A number of prosecuting authorities declined to prosecute (probably because it was difficult to prove). The case ultimately landed in a local district court. The case, being unprovable, was dismissed.