Tuesday, January 7, 2014

Is Conditional Compensation "Money or Property" for Mail Fraud?

This interesting question is raised in a recent filing of a Petition for Cert in the U.S. Supreme Court - Stinn v. United States.  The case emanates from the Second Circuit and presents a jurisdictional split on whether employee compensation should be allowed as "money or property."   Petitioner raises the following two questions:

1. Whether there are any limits on the extent to which employee compensation satisfies the “money or property” element of the Title 18 fraud statutes and, if so, what factual determinations by the jury are necessary to implement those limits.

2. Whether the property-loss requirement of the Title 18 fraud statutes is satisfied with proof that shareholders were denied their “intangible right to information or control.”

One also has to wonder about the government's prosecution of cases related to employer-employee relations.  Shouldn't these matters be civil actions? And with limited resources, wouldn't resources be better spent on identity theft and other serious crimes.

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2014/01/is-conditional-compensation-money-or-property-for-mail-fraud.html

Fraud, Prosecutions | Permalink

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