Thursday, January 20, 2011
The Principles of Skilling 11/22/10
In the Supreme Court case decided 6-24-10 the court interpreted the statute Title 18 1346. This is known as the McNally fix because it overturned McNally (1986) by adding honest service back into the mail and wire fraud statutes. In McNally the court interpreted these statutes not to include intangible property interest. Congress disagreed and passed section 1346. 1346 is a definition that basically said a “schema or artifice to defraud” includes honest service. The question skilling raised was, is this too vague to pass constitutional muster. The court said to save the statute they would have to confine the prohibited behavior to bribes and kickbacks. This definition has now been confined for constitutional reasons. Therefore it can now be read practically as a scheme or artifice to defraud includes bribes and kickbacks. This list is now the all inclusive list of behavior prohibited by the phrase “scheme or artifices to defraud” This phrase is in all the fraud statutes. At law the phrase now being defined must have the same meaning in every statute in which it is used. The problem you can already see is that even if Dorean the wicked scheme their rhetoric professed, it newer involved bribes or kickbacks. So Scott and I are convicted of a non-offense. It’s like raping mini-mouse they can write a statute prohibiting it but in reality my conduct could never violate it. They know this still it does not retard them from their malicious assault upon our innocence to the argument about truth in the mortgage industry. Call me guilty if you like but you become lawless in doing so.