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Mail, Wire Fraud Convictions Based on "Reasonably Foreseeable" Use of Mails, Internet, Affirmed

By Shari Allison

United States v. Weiss, ___ F.3d ___ , 2010 WL XXX (10th Cir. 2010) (Colo). Previously unpublished case. In mail and wire fraud convictions for bogus home loan schemes, defendant was properly charged with mail fraud because the mailings were reasonably foreseeable, even if he did not perform the actual mailings. The mailings were part of an ongoing scheme and therefore did not occur only after the fruition of each sub-part of the fraudulent scheme. Also, D could have reasonably foreseen that the internet would have been used in the scheme (the wire fraud counts) even though there was no direct evidence that he knew that a particular transmission program would be used. The COA suggests it would not be witness tampering in violation of 18 U...continue to full post

Full post as published by Tenth Circuit Blog on September 10, 2010 (boomark / email).