How has the mail fraud statute been interpreted in this case?
The following excerpt is from U.S. v. Starr, 816 F.2d 94 (2nd Cir. 1987):
We do not see how the mail fraud statute provides support for this conviction. The statute outlaws any scheme to obtain money by "false or fraudulent pretenses." Fraudulent intent is a basic element of mail fraud. We have defined fraudulent intent as requiring a contemplated harm to the victim. See United States v. Regent Office Supply, 421 F.2d 1174, 1182 (2d Cir.1970). Unless the dissenting opinion is prepared to say that our holding in Regent was directly contrary to the terms of the statute, then the jury's verdict, unsupported by evidence of contemplated injury, must fall.
The dissenting opinion also cites language in United States v. Rowe, 56 F.2d 747, 749 (2d Cir.), cert. denied, 286 U.S. 554, 52 S.Ct. 579, 76 L.Ed. 1289 (1932), for the argument that the italicized portion of the mail fraud statute encompasses the conduct of defendants in this case. In
Page 101
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
