Brief filed: 09/02/2008
Documents
United States v. Svete
11th Circuit Court of Appeals; Case No. 05-13809
Prior Decision
On rehearing en banc
Argument(s)
Requiring proof beyond a reasonable doubt that a defendant created a scheme or artifice to defraud “a person of ordinary prudence and comprehension” demarcates the boundary between conduct that is merely unethical and conduct that is unlawful and worthy of criminal prosecution.
Author(s)
Paul N. Monnin, DLA Piper US LLP, Atlanta, GA and Donald F. Samuel, Garland Samuel & Loeb PC, Atlanta, GA.