Civil Procedure Keyed to Marcus
Neder v. United States
Facts
In the mid-1980’s, Mr. Neder engaged in a number of real estate transactions financed by fraudulently obtained bank loans and schemes involving land development fraud. He was indicted on numerous counts of federal mail, wire, and bank fraud and for filing false federal income tax returns. At trial, the District Court instructed the jury that it need not consider the materiality of any false statements, or whether Mr. Neder’s actions caused others to be defrauded in order to convict on the bank and tax offenses. Mr. Neder objected to the jury instruction on mail and wire fraud because the court did not include materiality as an element of either offense. In affirming Mr. Neder’s convictions, the Court of Appeals held that the trial court erred in failing to submit the materiality element of the tax offense to the jury. However, the appeals court concluded the error was harmless, and determined that materiality is not an element of mail, wire, and bank fraud.
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