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St. Thomas Law Review

First Page

557

Document Type

Article

Abstract

This Article examines some of the recent judicial decisions that limit the conduct subject to prosecution under the mail fraud statute. It focuses on decisions regarding three key aspects of 18 U.S.C. § 1341, namely, the scheme to defraud, intent, and mailings in furtherance. Although these three aspects are discussed separately in this Article, the scheme to defraud and intent are often intertwined. This Article is limited to recent judicial decisions that have restricted the prosecution's use of the mail fraud statute. These recent cases serve to redefine the parameters of the statute. Due to the breadth of the statute, these cases demonstrate that the judiciary serves as an important check on this ever expanding criminal offense.

Included in

Criminal Law Commons

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