What is the difference between a scheme to defraud and the means adopted to effectuate the scheme?

MultiRegion, United States of America

The following excerpt is from U.S. v. Stirling, 571 F.2d 708 (2nd Cir. 1978):

"(Appellants) confuse the scheme to defraud, which is the gist of the offense, with the means adopted to effectuate the scheme." A scheme to defraud may consist of numerous elements, no particular one of which need be proved if there is sufficient overall proof that the scheme exists. Appellants' reliance on United States v. Natelli is misplaced. In that case, the defendant was charged in a single count with violating the securities laws by making false statements in a proxy statement. Because the crime charged consisted of the making of such statements, the erroneous failure of the trial court to direct a verdict as to one of the alleged falsities, arising out of a separate state of facts, made the jury's verdict ambiguous and required a new trial. Here, the crime charged was the scheme to defraud, and the alleged false statements were merely means for carrying it into effect.

Other Questions


In reviewing the application of a sophisticated means enhancement, what is the difference between a de novo review and a clear error review? (MultiRegion, United States of America)
When an action is transferred to a different court in a different jurisdiction under Section 1404(a) of the Civil Code of Civil Procedure, what state law applies in the other court? (MultiRegion, United States of America)
What is the test for establishing a scheme to defraud? (MultiRegion, United States of America)
Does a wire that was used as part of a scheme to defraud "as conceived by the perpetrator at the time" satisfy the three elements of the conspiracy? (MultiRegion, United States of America)
What is the statute of limitations for an action brought by a plaintiff who alleges she was defrauded as a result of a fraudulent scheme? (MultiRegion, United States of America)
Does the jury instruction that "intent to defraud" means an intent to deceive or cheat? (MultiRegion, United States of America)
What is the test for interpreting the meaning of an enactment in its ordinary grammatical meaning? (Canada (Federal), Canada)
Does the meaning of the word "omission" need to be interpreted in the context of "speciality meaning" in legislation? (MultiRegion, United States of America)
What is the definition of a scheme to defraud, as defined by the Criminal Code of the United States? (MultiRegion, United States of America)
Does a difference in medical opinion between a doctor and a patient's opinion regarding a different medical procedure, resulting in one procedure causing the other to recover? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.