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Post by tristacarrington on Sept 25, 2012 21:53:17 GMT -5
The factual basis of Schmucks scheme is that he was buying used cars, rolling back the odometer, then selling the cars with the new odometer readings to car dealers in Wisconsin. Mail was associated with this situation in that the dealers had to submit a title application via mail to the Department of Transportaion to complete the sale of the car. The Supreme Court found that mail fraud existed in this case because the relationships Schmuck built with the dealers and depended on the successful passage of the tatile to the differect parties, this passage was the mail. My answers largely coincide with yours. I think it's very evident that mail fraud was at play. I am halfway surprised that the case was even appealed on the basis of mail fraud...
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Post by chekariwilliamson on Sept 25, 2012 22:50:47 GMT -5
1. The factual basis of the fraudulent scheme that was used by Schmuck was that mail fraud can be predicated only on a mailing that affirmatively assists the perpetrator in carrying out his fraudulent scheme.
2. Schmuck argued that the mailing element of the offense cannot be satisfied by a mailing that is routine and innocent of itself, and that the fraud aspect of the alleged offense occurs after the fraud has transpired.
3. The Supreme Court concluded that mail fraud existed simply because, although the registration-form mailings may not have contributed directly to the scheme, they were necessary for the processing of the title, which was played an important role in the transpiration of Schmuck's scheme.
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Post by erking on Sept 25, 2012 23:04:12 GMT -5
(1.)On a factual basis of Schmuck's shceme, he bought used cars and purposely rolled back the odometers in these cars so that they appeared to have low mileage. He sold these used cars for more than what they were actually worth in order to benefit financially from these car dealerships. (2.) THe mial was used to complete the sale of these vehicles by mailing the titles off to the Wisconson Department of Transportatin. (3.) The Surpreme Court was able to conclude that there was mail fraud because these titles contained false information, which was the odometer readings. The dealers resold these cars, unknowingly participating in a part of the decapitation of the scheme. So yes, mail fraud is in existence and was committed in this case.
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Post by chekariwilliamson on Sept 25, 2012 23:32:54 GMT -5
Schmuck felt that the mail was counterproductive simply because of its ability to leave a paper trail.
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Post by caitlandd on Oct 10, 2012 16:42:31 GMT -5
1. The factual basis was that this man was selling cars for much more than they were worth by rolling back the odometer, shipping them to dealers and receiving his payment through the mail.
2. The mail is associated because his payments were coming through the mail, and the title registrations were mailed as well.
3. They concluded that this was mail fraud because of his scheme was an ongoing one, he did it to over 150 cars, and the titles had to be mailed, and that was what made the "mail" part relevant.
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