United States v. Robert James Maker, A/K/A Robert Maker, A/K/A R.J. Mahar Constance Bridget Sullivan

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal by the government pursuant to 18 U.S.C. § 3731 (1982) from the dismissal of a mail fraud indictment presents difficult questions regarding the interpretation of the double jeopardy clause of the fifth amendment. It also requires us to consider the elements necessary for proof of a single scheme to defraud.

The indictment charged the defendants, Robert James Maker and Constance B. Sullivan, with a single scheme to defraud in connection with insurance claims arising out of two motor-vehicle accidents in which Maker was involved. See 18 U.S.C.…