DOJ May Face Hurdles In Individual Wire Fraud Prosecutions

By Paul Monnin and Reagan Drake (December 10, 2021, 2:45 PM EST) -- The U.S. Department of Justice's announcement that its single most important white collar imperative is the prosecution of individuals raises the question of whether it even has jurisdiction to convict most individuals for federal mail and wire fraud offenses.

Recent judicial application of U.S. Supreme Court authority narrowly construing the federal mail and wire fraud statutes shows that the DOJ has an uphill climb in meeting its ambitions.

As anticipated, the DOJ recently announced a renewed focus on individual culpability for white collar criminal offenses. The DOJ's "first priority in corporate criminal matters [is] to prosecute the individuals who commit and...

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