Legal Opinion
United States v. Takhalov
Court of Appeals for the Eleventh Circuit
Decided October 3, 2016No. 13-12385PublishedCited by 40 opinions
1Opinion of the Court
THAPAR, District Judge:
The wire-fraud statute, 18 U.S.C. § 1343 does not enact as federal law the Ninth Commandment given to Moses on Sinai.1 For § 1343 forbids only schemes to defraud, not schemes to do other wicked things, e.g., schemes to lie, trick, or otherwise deceive. The difference, of course, is that deceiving does not always involve harming another person; defrauding does. That a defendant merely “induce[d] [the victim] to enter into [a] transaction” that he otherwise would have avoided is therefore “insufficient” to show wire fraud. See United States v. Starr, 816 F.2d 94, 98 (2d…
2Cases cited26 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Neder v. United StatesSupreme Court of the United States · 1999
- United States v. PowellSupreme Court of the United States · 1984
- Stromberg v. CaliforniaSupreme Court of the United States · 1931
- Yates v. United StatesSupreme Court of the United States · 1957
21 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Kousisis v. United StatesSupreme Court of the United States · 2025
- United States v. Isaac FeldmanCourt of Appeals for the Eleventh Circuit · 2019
- United States v. Jesus Hernando Angulo MosqueraCourt of Appeals for the Eleventh Circuit · 2018
- United States v. Julio EstradaCourt of Appeals for the Eleventh Circuit · 2020
- United States v. Jerome RuzickaCourt of Appeals for the Eighth Circuit · 2021
35 more not listed; retrieve them via the Exa API.