9th U.S. Circuit Court of Appeals,
Criminal
May 5, 2020
Countless fraud prosecutions called into question
9th Circuit invalidates its own model intent-to-defraud jury instruction in new ruling.
Laurie Edelstein
partner
Jenner & Block
energy & complex commercial litigation
455 Market St #2100
San Francisco , CA 94105
Yale Law School
Thousands of fraud cases requiring proof of an intent to defraud have been charged in federal courts in California and the eight other states within the jurisdiction of the 9th U.S. Circuit Court of Appeals. The intent-to-defraud requirement is a critical element to separate criminal conduct from commonplace business and social practices and norms.
The 9th Circuit's recent decision in $95
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