Brief filed: 09/02/2008
United States v. Svete
11th Circuit Court of Appeals; Case No. 05-13809
On rehearing en banc
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.
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