Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
To the average layperson (and even to most criminal lawyers), it probably seems self-evident that the federal mail and wire fraud statutes (18 U.S.C. ” 1341 and 1343) protect not only the financially or commercially astute, but also the most credulous, na've, and unsophisticated members of our society. Federal prosecutors regularly file fraud charges in cases involving transparently suspect representations and promises, and these cases typically end with guilty pleas or convictions at trial. The federal courts of appeal have long emphasized that “the monumental credulity of the victim is no shield for the accused,” Deaver v. United States, 155 F.2d 740, 744-45 (D.C. Cir. 1946), or, indeed, that “the lack of guile on the part of those generally solicited may itself point with persuasion to the fraudulent character” of the scheme. Norman v. United States, 100 F.2d 905, 907 (6th Cir. 1939). The circuit courts therefore routinely uphold fraud convictions arising out of schemes that could be readily detected by anyone applying the maxim caveat emptor.
Co-existing with these decisions, however, is another line of authority which holds that to establish the required element of a scheme to defraud, it is necessary for federal prosecutors to prove that the scheme was “reasonably calculated to deceive persons of ordinary prudence and comprehension.” Silverman v. United States, 213 F.2d 405, 407 (5th Cir. 1954). See also, e.g., United States v. Jamieson, 427 F.3d 394, 415-16 (6th Cir. 2005); United States v. Shepard, 396 F.3d 1116, 1124 (10th Cir. 2005); United States v. Goodman, 984 F.2d 235, 240 (8th Cir. 1993).
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.