Does each mailing and each telephone call constitute a separate crime?
MultiRegion, United States of America
The following excerpt is from Caldwell v. U.S., 904 F.2d 40 (9th Cir. 1990):
Under 18 U.S.C. Secs. 1341 and 1343, each mailing and each telephone call in furtherance of a single scheme to defraud constitutes a separate offense. United States v. Poliak, 823 F.2d 371, 372 (9th Cir.1987) (citations omitted), cert. denied, 485 U.S. 1029 (1988). Moreover, sections 1341 (mail fraud) and 1343 (wire fraud) define separate offenses that require proof of different elements.
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