The full 11th U.S. Circuit Court of Appeals has tossed a 12-year-old precedent that had irked prosecutors in their pursuit of alleged fraudsters. The 1996 ruling, U.S. v. Brown , had said that prosecutors seeking to convict for mail fraud needed to show that a defendant's scheme could have deceived a reasonably cautious person. Prosecutors had complained that this requirement had the perverse effect of exempting from prosecution schemes that target the most naive and gullible victims.
February 06, 2009 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
The full 11th U.S. Circuit Court of Appeals has tossed a 12-year-old precedent that had irked prosecutors in their pursuit of alleged fraudsters.
The 1996 ruling had said that prosecutors seeking to convict for mail fraud needed to show that a defendant’s scheme could have deceived a reasonably cautious person. Prosecutors had complained that this requirement had the perverse effect of exempting from prosecution schemes that target the most naive and gullible victims.
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