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Mail and Wire Fraud Post 'Kelly v. United States'

This article discusses the holding by the U.S. Supreme Court Kelly v. U.S. and explains its impact on subsequent cases and concludes with a discussion of the "right to control" theory of mail and wire fraud, which has been challenged in light of the Kelly decision.

10 minute read February 01, 2022 at 12:11 AM
By
Elkan Abramowitz and Jonathan S. Sack
Mail and Wire Fraud Post 'Kelly v. United States'

Under the federal mail and wire fraud statutes, it is a crime to "obtain[] money or property by means of false or fraudulent pretenses, representations, or promises," or to deprive someone of the "intangible right of honest services."

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The Copyright Royalty Board (CRB), which works under the umbrella of the Librarian of Congress, sets statutory-license royalty terms and rates. The U.S. Courts of Appeals for the D.C. Circuit recently issued two notable decisions about the CRB.

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