The 'Ordinary Prudence' Standard in Mail and Wire Fraud Cases

To establish the required element of a scheme to defraud, it is necessary for federal prosecutors to prove that the scheme was "reasonably calculated to deceive persons of ordinary prudence and comprehension.

21 minute read February 27, 2011 at 08:34 AM

Jefferson M. Gray

The 'Ordinary Prudence' Standard in Mail and Wire Fraud Cases

To the average layperson (and even to most criminal lawyers), it probably seems self-evident that the federal mail and wire fraud statutes (18 U.S.C. ” 1341 and 1343) protect not only the financially or commercially astute, but also the most credulous, na've, and unsophisticated members of our society.

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