NCJ Number
133263
Journal
American Criminal Law Review Volume: 28 Issue: 3 Dated: special issue (1991) Pages: 591-618
Date Published
1991
Length
28 pages
Annotation
Focusing on the mail fraud statute, this survey outlines the elements of mail fraud, recent changes in the elements brought about by Supreme Court rulings and Congressional action, and defenses available against charges of mail or wire fraud.
Abstract
In the last 3 years, the scope of the mail and wire fraud statutes has shifted markedly. The Supreme Court overruled years of common law on the subject of mail and wire fraud in McNally in 1987 when it attacked the validity of intangible rights prosecutions and limited the definition of schemes to defraud to those with property rights as their target. Congress effectively overturned McNally with section 1346 in 1988 by specifically providing for prosecutions based on violation of intangible rights. In general, defendants convicted of acts prior to the enactment of section 1346 may employ McNally to defend against or reverse their convictions. Conviction may be avoided or overturned in these cases if the prosecutor fails to show interference with a property right of a victim. Although McNally has been overturned, courts may not feel comfortable about restoring the intangible rights theory to full force in view of the Supreme Court's unambiguous rejection of the theory. 174 footnotes