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White Collar Defense & Compliance Developments in Criminal Law, Federal Case Law and Statutory Developments

Tag Archives: wire fraud

Has The Outer Limit Of Criminal Federalism Been Reached? “In Furtherance” Requirement Of Mail Fraud Statute Satisfied By The Routine Mailing Of Discovery Requests In Civil Lawsuit Against Victimized Homeowner

Posted in Offense elements

The Eighth Circuit has set a particularly low bar for the government to hurdle in proving mail fraud, by holding that even routine discovery requests in a civil case qualify as mailings “in furtherance” of a scheme largely accomplished prior to the filing of that action.

Exploiting Government-Funded Schools Program Constitutes Fraud, Even Though No Regulations Were Violated

Posted in Offense elements

A consultant assisting local schools in obtaining federally-distributed funds intended to facilitate Internet connectivity at the schools was charged with defrauding the program, even though the funding applications which she prepared did not violate any of the regulations of the program. The jury rejected this defense and so, on appeal, did the Ninth Circuit.  United… Continue Reading

Temporal delay between underlying fraud and subsequent wire transfer dooms wire fraud theory

Posted in Offense elements

The Ninth Circuit recently reversed wire fraud convictions on the ground that the wire transfers upon which the 18 U.S.C. § 1343 charges were based occurred so long after the underlying activity was completed that the transfers could not be said to be "in furtherance" of a fraud. United States v. Lazarenko, No. 06-10592 (9th… Continue Reading