Saturday, September 6, 2008

En Banc Mail Fraud Case

Initially the Eleventh Circuit Court of Appeals in United States v. Svete reversed and remanded 5 counts in a case where the defendants were "convicted of conspiracy, mail fraud, money laundering, and interstate transportation of money obtained by fraud, all charges being related to their dealings with viaticals." (see here) But an en banc court granted a rehearing. (see here) The briefs are now starting to be filed.

A key issue in the case revolves around the prior case of U.S. v. Brown. In Svete the defense argues that "the district court abused its discretion by refusing to charge the jury, pursuant to U.S. v. Brown, on the requirement of ordinary prudence." The defense also emphasizes that "[t]his court’s 1996 decision in U.S. v. Brown should not be overruled, because a "scheme or artifice to defraud," as that term was understood when the mail fraud statute was enacted, encompasses only conduct that is reasonably calculated to deceive a person of ordinary prudence and comprehension." The defense is represented by Peter Goldberger and Michael Pasano (Carlton Fields).

An amicus brief for the National Association of Criminal Defense Lawyers has also been filed by attorney Paul Monnin (DLA Piper) and Donald Samuel (Garland, Samuel & Loeb).

Defendant-Appellant's Brief - Download 11SVETEB.pdf

Amicus Brief in Support of Appellant - Download svete_brief.pdf

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2008/09/en-banc-mail-fr.html

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