Sunday, October 24, 2010

What's the definition of Mail Fraud?

MAIL FRAUD

18 U.S.C. 1341, makes it a Federal crime or offense for anyone to use the United States mails in carrying out a scheme to defraud.

A person can be found guilty of that offense only if all of the following facts are proved: First: That the person knowingly and willfully devised a scheme to defraud, or for obtaining money or property by means of false pretenses, representations or promises; and Second: That the person used the United States Postal Service by mailing, or by causing to be mailed, some matter or thing for the purpose of executing the scheme to defraud.

Hmmm?  Does the selling of mislabeled or incorrectly identified plants by a reasonable person with access to reasonable resources meet this burden?  I wonder!

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