It’s a good week for reversals in fraud cases.
The Second Circuit sent two fraud cases back for resentencing, and vacated a conviction in its entirety! And they’re cool issues — for example, for the “mass marketing” enhancement under the fraud guidelines to apply, the government has to show not just that mass marketing happened, but that mass marketing happened to victims. A number of convictions were also vacated in a criminal tax prosecution, and the Second Circuit found a violation of the defendant’s public trial right.
The D.C. Circuit entered the fraud remand fray, sending a criminal copyright case back because of errors in the restitution order.