Wire fraud

UNITED STATES V. WATERS: “SCHEME TO DECEIVE” AND “SCHEME TO DEFRAUD” DISTINCTION REITERATED

Caroline McLeroy*

Photo Credit: https://www.cbamarillo.com/wirefraud

In wire fraud cases, courts are often faced with the question of when is “a lie [] just a lie” and when is it a federal crime? The United States Court of Appeals for the Eleventh Circuit examined this question in United States v. Waters, highlighting the importance of the distinction between a “scheme to deceive” and a “scheme to defraud” and how to properly explain that distinction, particularly concerning jury instructions.

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