Fraud

• Author: Matthew G. Kaiser
• Pages: 201-274

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Fraud

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Fraud

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I. Garden-Variety Fraud

§6:01 You Can Only Be Convicted of Defrauding a

Financial Institution If the Thing You Defraud Is a

Financial Institution

§6:02 A Fuzzy Stipulation Vacates a Conviction in a

Bankruptcy Fraud Trial in the First Circuit Court of

Appeals

§6:03 The Second Circuit on Fraud, the Federal

Sentencing Guidelines, and Mass-Marketing

§6:04 The Second Circuit Limits Bank Fraud

Prosecutions Where a Check Is Validly Issued

(and Other Facts Don’t Get in the Way)

§6:05 It’s Hard to Lie (Though Not for the Reason You

Think); or, You Haven’t Made a False Statement

If the Statement You Made Isn’t False

§6:06 The Third Circuit Shows How the Sentencing

Guidelines for Fraud Are Complicated; Victims

and Losses Bamboozle the Government and

District Court

§6:07 A District Court’s Statements at a Plea Hearing

Can Change the Meaning of a Plea Agreement;

or, Why You Should Read Junk Mail Carefully

§6:08 The Fourth Circuit Grants a Coram Nobis to

Correct a Grave Immigration Injustice in a Bank

Fraud Case

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Criminal Defense Victories in the Federal Circuits

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Fraud

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§6:09 The Fourth Circuit Holds That Money Laundering

Only Applies to the Profits of a Crime, Not the

Expenses

§6:10 The Fourth Circuit Holds That Corporations

Aren’t People for the Purposes of the Identity

Theft Statute (or, Take That,

Citizens United

)

§6:11 Phone Calls From Africa to Kentucky Cannot Be

Prosecuted in Virginia, Even If Virginia Is Where

You Thought About the Fraud You’d Do on the

Phone Call

§6:12 A Federal Judge Can’t Reopen a Sentencing

Hearing, Even When There’s $17 Million in

Restitution at Stake

§6:13 Bad Forms and Bankruptcy Fraud—The Fifth

Circuit Vacates a Conviction Based on an

Ambiguous Form

§6:14 Using Someone Else’s Credit Card Is Not Always

“Access Device” Fraud, or, Why You Shouldn’t

Leave Your Job If You’re Running a Fraud

Scheme

§6:15 Business Crimes Can’t Be Proven Just by the

Company You Keep; the Sixth Circuit Reverses

for Insufficient Evidence

§6:16 For Federal Fraud Sentencing Purposes, If

You’ve Defrauded One Wal-Mart, It’s the Same

as Having Defrauded Them All

§6:17 Pro Competitive Bid Rigging Is Not a Crime, or,

This Chicago Garbage Bid Doesn’t Stink

§6:18 The CFTC and Department of Justice Are the

Same Party for a Hearsay Rule, Says the

Seventh Circuit

§6:19 The Seventh Circuit Holds That Really Bad Fake

Documents Are Not Fake Documents at All

§6:20 The Prosecutor and District Court Should Try

Really Hard to Make It Seem Like They Don’t

Hate Cubans When Sending a Cuban to Prison

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§6:21 The Eighth Circuit Reverses a Conviction

Because the Government Didn’t Show That

Bank of America Mortgage Is FDIC Insured

§6:22 When FBI Agents (Allegedly) Talk in the Hallway;

or, Why Even a Lawyer Should Not Talk to the

FBI If There’s a Real Estate Fraud Investigation

Afoot

§6:23 To Prove Mail Fraud, the Government Has to

Show You Used the Mail

§6:24 The Tenth Circuit Holds That a Federal

Sentencing Expert Was Correct That His Own

Federal Sentence Was Wrong

§6:25 The DC Circuit Vacates a Restitution Order in

a Criminal Copyright Case—or, Making Money

Off Pirated Adobe Software Doesn’t Necessarily

Hurt Adobe as Much as It Helps the Person

Making the Money

II. Health Care Fraud

§6:30 Telling People They Can Use a Drug in a Way

Different Than How the FDA Says They Can Use

a Drug Is Not a Crime, Says the Second Circuit

§6:31 Health Care Fraud Restitution Amounts Can’t

Be Set on Just an Insurance Company Saying It

Would Like a Lot of Money

§6:32 Health Care Billing Fraud in the Bayou

§6:33 The Eighth Circuit Holds That Health Care

Kickbacks Are Different From Fraud

§6:34 The Eleventh Circuit Discusses When the

Government Can Take Your Wife’s Stuff to

Make Restitution for a Crime You Committed

III. At Trial and Sentencing

§6:35 The First Circuit Reverses (One Count of) a

Conviction