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Eleventh Circuit Removes Reasonable or Ordinarily Prudent Person Standard from Fraud Cases

Posted 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 Defraud

Posted 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