On this point two issues arise, first was the mailing an essential part of the scheme, and second did the mailing further the execution of the fraudulent scheme the defendant suggests that the mailing of the application was only an innocuous step in the process; "innocent in and of itself… merely tangentially related to the fraud… and far from furthering the execution of the fraud, occurs after the fraud has come to fruition" (Reed, O. Shedd, P. Morehead, J. & Pagnattaro, M. 2008).
To the Court however, the mailings constitute activity which while not potentially "an essential element of the scheme" was incident to an essential part of the scheme or a step in the plot" (Reed, O. Shedd, P. Morehead, J. & Pagnattaro, M. 2008). The mailing of the title applications and the subsequent issuance of Wisconsin tags to the retailers completed the fraudulent process, for as the court contends "the success of Schmuck's venture depended on his continuous harmonious relations with, and good reputation, among retail dealers" (Reed, O. Shedd, P. Morehead, J. & Pagnattaro, M. 2008). Without the "successful passage of the title among the various parties" the scheme would have collapsed.
Why does the Supreme Court conclude that mail fraud existed in this case?
The Court in this case explicates the concept of mailings as an integral function of the determination of mail fraud however; the mailings do not have to be at the core of a fraudulent scheme, rather "a mailing that is incident to an essential part of the...
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