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Criminal

Jul. 23, 2014

9th Circuit keeps flip-flopping on wire and mail fraud

When considering what elements are necessary to prove mail or wire fraud, the 9th Circuit has changed course on the elements at least four times in the last 25 years. By Luke Rowe


By Luke Rowe


"Things gained through unjust fraud are never secure." Sophocles, the ancient Greek playwright, understood this nearly 1,000 years ago when he wrote "Oedipus at Colonus," but the 9th U.S. Circuit Court of Appeals has vacilated. When considering what elements are necessary to prove mail or wire fraud, the court has changed course on the elements at least four times in the last 25 years. Specifically, it has added then removed, adde...

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