Friday, July 24, 2020
Christina Frohock and Marcos Jimenez (University of Miami - School of Law and White & Case LLP) have posted Exactly What They Asked For: Linking Harm and Intent in Wire Fraud Prosecutions (University of Miami Law Review, Vol. 74, No. 4, 2020) on SSRN. Here is the abstract:
Recent opinions have obscured the U.S. Court of Appeals for the Eleventh Circuit’s guidance on federal criminal fraud prosecutions. In 2016, the court decided United States v. Takhalov and found no crime of wire fraud where the alleged victims received the benefit of their bargain. Just three years later, the concurring opinion in United States v. Feldman criticized that prior reasoning as puzzling, inviting problematic interpretations that become untethered from the common law of fraud. This Article tracks the development of the court’s view and argues for an interpretation of Takhalov that links harm to the specific intent necessary for a federal criminal fraud charge.