United States v. Svete

Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of Appellants on rehearing en banc.

Brief filed: 09/02/2008


United States v. Svete

11th Circuit Court of Appeals; Case No. 05-13809

Prior Decision

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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Paul N. Monnin, DLA Piper US LLP, Atlanta, GA and Donald F. Samuel, Garland Samuel & Loeb PC, Atlanta, GA.