The full 11th U.S. Circuit Court of Appeals has tossed a 12-year-old precedent that had irked prosecutors in their pursuit of alleged fraudsters. The 1996 ruling, U.S. v. Brown, had said that prosecutors seeking to convict for mail fraud needed to show that a defendant's scheme could have deceived a reasonably cautious person. Prosecutors had complained that this requirement had the perverse effect of exempting from prosecution schemes that target the most naive and gullible victims.
11th Circuit Tosses Fraud Precedent
February 6, 2009