The following excerpt is from United States v. Reynolds, 1:16-cv-0081-LJO-SKO (E.D. Cal. 2018):
Defendant next argues that the mail fraud counts should be dismissed because they are based upon mailings that are not, in and of themselves, alleged to be false or fraudulent in any way. But, this is not required. "A mailing need not itself be false to be in furtherance of a scheme to defraud, nor need it be essential to the scheme." United States v. Benny, 786 F.2d 1410, 1420 (9th Cir. 1986) (internal citations and quotations omitted). "Rather, the mailing must be closely entwined with or closely related to the scheme." Id. The indictment alleges the "replenishment" letters in question were sent to obtain the funds that were then embezzled. ECF No. 1 at 5. This is sufficient for the purposes of an indictment. The motion to dismiss the mail fraud counts is DENIED.
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