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Criminal Law Keyed to Osler
United States v. Dupre
Citation:339 F. Supp. 2d 534 (S.D.N.Y. 2004)
Defendant operated a scheme to defraud potential investors. She induced them into paying an advance fee to secure the release and distribution of $9 million that was frozen and belonged to the former Filipino president. She promised investors a return of $1 million for every $1,000 that was invested.
Defendant submitted an evaluation stating that she suffers from Bipolar Disorder with Psychotic Features and a personality disorder. An element of wire fraud is intent to defraud, which requires here intent to be involved in a scheme that harms others. However, intent to defraud can be negated by good faith, and the defense is arguing that the defendant’s faith led her to be involved in the scheme meeting the good faith exception to intent.
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