At 11:26 AM -0400 4/13/00, Rico
Sapolich wrote:
If you miss
the implication of what you suggest, perhaps you should check the
definitions of coconspirator and wire fraud.
Rich,
A coconspirator is 'a member of a
conspiracy'. A conspiracy is defined as when people work
together by agreement to commit an illegal act. A conspiracy may
exist when the parties use legal means to accomplish an illegal
result, or to use illegal means to achieve something that in itself
is lawful. To prove a conspiracy those involved must have agreed to
the plan before all the actions have been taken, or it is just a
series of independent illegal acts. A conspiracy can be criminal for
planning and carrying out illegal activities, or give rise to a civil
lawsuit for damages by someone injured by the conspiracy. Thus, a
scheme by a group of salesmen to sell used automobiles as new, could
be prosecuted as a crime of fraud and conspiracy, and also allow a
purchaser of an auto to sue for damages for the fraud and
conspiracy.
Regarding wire fraud; a person can
be found guilty of wire fraud only if all of the following facts are
proved beyond a reasonable doubt:
First: That the person
knowingly and willfully devised a scheme to defraud, or for obtaining
money or property by means of false pretenses, representations or
promises; and
Second: That the person
knowingly transmitted or caused to be transmitted by wire in
interstate commerce some sound for the purpose of executing the
scheme to defraud.
There is nothing illegal for a
number of people to pool their interests and bid on items. It
happens in auctions all of the time, as you should know. This
eliminates the 'coconspirator' reference you made above. Also,
since no sound is being transmitted, no wire fraud is
occurring.
What led you to send the above
letter?
Coyote
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