The Supreme Court reverses aggravated identity theft conviction holding that the government must prove that the defendant knew the identification he unlawfully transferred belong to another person.
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Eleventh Circuit Removes Reasonable or Ordinarily Prudent Person Standard from Fraud CasesPosted in Elements, Fraud
Misrepresentations in fraud cases in the Eleventh Circuit will no longer be tested according to whether a reasonable or ordinarily prudent person would find them material. That is the result of the Eleventh Circuit’s decision yesterday in United States v. Svete, No. 05-13809 (February 2, 2009), in which the appellants sold financial interests in… Continue Reading
Eleventh Circuit Holds that United States Must Be Target of 18 U.S.C. § 371 Conspiracy to DefraudPosted in Elements
The Eleventh Circuit Court of Appeals has held that the United States must be the ultimate target of a conspiracy to defraud under 18 U.S.C. § 371. Jildardo Mendez wanted a Florida commercial drivers license (CDL), but spoke very poor English. Mendez contacted Steven Baez, a member of the Florida Army National Guard, who was… Continue Reading
United States v. Svete: Fraud Requires Scheme Calculated to Deceive “Reasonable Person”Posted in Elements
The Eleventh Circuit Court of Appeals has issued a ruling which confirms one more element which the government must prove, and which the jury must be instructed on, in order to convict a defendant of fraud. In United States v. Brown, 79 F.3d 1550, 1557 (11th Cir. 1996), the Eleventh Circuit held (or re-confirmed) that,… Continue Reading