Mail fraud — intent

By: WISCONSIN LAW JOURNAL STAFF//October 21, 2014//

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U.S. Court of Appeals for the 7th Circuit

Criminal

Mail fraud — intent

Neither actual nor intended tangible harm is an element of the offense of honest-services mail fraud.

“The Skilling Court, Nayak argues, did not explicitly determine what elements are required to prove a violation of § 1346 by a private actor. True, but it did not need to: it is contradictory to require the government to show actual or intended tangible harm when the crime being prosecuted is defined as causing or intending to cause intangible harm. Nayak’s proposed construction would not only be contrary to the plain language of the statute but would also mean that § 1346 is superfluous, as fraudulent schemes causing tangible harm are covered under § 1341.”

Affirmed.

14-1404 U.S. v. Nayak

Appeal from the United States District Court for the Northern District of Illinois, Gettleman, J., Flaum, J.

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