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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