The phrase "it's in the mail" may be a running joke, but merely establishing that something was mailed is a linchpin to proving mail fraud. Professor Ellen Podgor asks why such an inconsequential act is all that's needed to establish federal criminal jurisdiction, especially when mail fraud is the most commonly used charge in federal white-collar prosecutions. Could it be that overfederalization has made us oblivious to the importance of the federal government's unique role in the criminal law system?
What Message Do Mail Fraud Cases Send About Federal Jurisdiction?
Special to Law.com
June 29, 2006