When a Lie Is Not Federal Fraud: U.S. v. Milheiser
Federal prosecutors often charge defendants with mail fraud or wire fraud whenever a business transaction involves lies. But the Ninth Circuit recently held that not every lie is a federal crime. In United States v. Milheiser, the court limitated federal fraud prosecutions by holding that the lie must go to the “nature of the bargain.” RULE: For MAIL FRAUD – the defendant has to deceive the victim about the “NATURE OF THE BARGAIN”. For anyone dealing with federal fraud cases, this decision is important. An experienced Criminal Defense Attorney Los Angeles knows how courts distinguish ordinary deception from actual federal criminal fraud. The Facts in United States v. Milheiser In Milheiser, six printer toner salesmen pretended to be the regular […]