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.
But the real question is: Why has federal criminal jurisdiction become so commonly accepted that we can sometimes overlook the need for this federal jurisdiction hook? Why is it that a mailing is all that is necessary to bring many state criminal matters into the federal system? Could it be that overfederalization has made us oblivious to the importance of the unique role that the federal government should play in the criminal law system? An examination of mail fraud provides some clues here.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]