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Mendez: 371 requires United States to be conspiracy's target

By Tim Cone

In U.S. v. Mendez, No. 07-13433 (May 21, 2008), the Court reversed a conspiracy to defraud the United States conviction, under 18 U.S.C. § 371, because the fraud involved Florida commercial driver?s licenses, which did not defraud the "United States," as the statute requires.The district court had held that there was sufficient federal involvement in the fraud because the federal government issued regulations for obtaining a commercial driver?s licence. Reversing, the Court said this connection was insufficient to show that the United States was the "target" of the fraud. It also did not suffice that the Florida guidebook for licenses referenced the United States regulations, since the defendant did not know of this reference.The Court, however, upheld Mendez? separate conviction for unlawful production of a false commercial licence, in violation of 18 U...continue to full post

Full post as published by Defense Newsletter Blog on May 23, 2008 (boomark / email).