Arguments before the full 11th Circuit spanned the centuries as judges heard a case involving viaticals, investment products in which terminally ill patients sell their life insurance policy proceeds to investors who essentially bet the patients will die soon. The issue has split federal appeals courts and could land before the U.S. Supreme Court. At issue: whether a prosecutor seeking to convict under an 1872 mail fraud statute must prove the fraudulent scheme would deceive a reasonably cautious person.
En Banc 11th Circuit Case Tests Mail Fraud Law
October 22, 2008