Monday, June 04, 2007

indictment did not allege a scheme to defraud anyone of money or property

US v. Ratcliff, No. 05-30666
In a prosecution for mail fraud based on alleged activities involving election fraud in Louisiana, dismissal of mail fraud counts based on a conclusion that the indictment did not allege a scheme to defraud anyone of money or property, thereby failing to state the offense of mail fraud under 18 U.S.C. section 1341, is affirmed over the government's claim that a scheme to obtain the salary and employment benefits of elected office through election fraud satisfies the requirements of the mail fraud statute.

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