United States v. Gottlieb

MEMORANDUM OPINION AND ORDER

ALESIA, District Judge.

In the wake of the Supreme Court’s decision in McNally v. United States, 483 U.S. 350, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987), defendants Irving L. Gottlieb (“Gottlieb”) and J. Howard Segal (“Segal”) filed motions to vacate their respective convictions under the mail fraud statute, 18 U.S.C. § 1341. The mail fraud statute contains two elements: the existence of a scheme to defraud and the use of the mails in furtherance of that scheme. See 18 U.S.C. § 1341. In McNally, the Supreme Court held that the mail fraud statute applies only to alleged…