White Collar Dump Outline Cheat Sheet (DRAFT) by juju519

a. intent to commit a wrongful act or to achieve a purpose incons­istent w/ public policy
b. disguise of purpose of intent
c. reliance of perp. on ignora­nce­/ca­rel­essness of victim
d. acquie­scence of victim in what he believes to be the true nature­/co­ntent of transa­ction
e. concea­lment of crime by:
i. preventing the victim from realizing he has been victimized or;
ii. relying on the fact that only a small % of victims will react and make provisions for restit­ution
iii. creation of a deceptive paper/org/ or transa­ctional facade to disguise true nature of occurrence

Govt must show:
a. a scheme devised or intending to defraud for obtaining money/­pro­perty by fraudulent means
b. intent
c. materi­ality
d. use/ca­using the use of the mails
not more than 20 years/fine
involving financial instit­ution increases to 30 years/1M

it is necessary that there be a nexus b/w the scheme to defraud and the mailing [mailing be "in furthe­ran­ce" of scheme to defraud]

govt must prove that third party knew that concea­lment would involve:

i. info available to shareh­olders as provided by the state of incorp­ora­tions laws providing access to corporate books and records,

ii. info that, if withheld or inaccurate would result in rendering info that is public materially misleading or,

iii. info that would materially aid shareh­olders in enforcing mgmt's fiduciary obliga­tions under state law

Citizens do not have a right of "­honest servic­es"

* Reinforce McNally's holding requiring that a charge of mail fraud include a depriv­ation of money or property as opposed to intangible rights
* Includes both tangible and intangible property [does not include state/­mun­icipal licenses]