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Last week the Chicago Tribune reported that Illinois federal Judge David Coar dismissed a mail fraud count in a prosecution because the government had failed to prove the use of the mails. The truth of the matter is that the mailing aspect of mail fraud has become so inconsequential that prosecutors can actually forget the need to have a mailing or the need to prove it. Like venue, it has become a question you have to ask at least of one witness to make the case, but, once asked, it seldom provides controversy.

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