WILLIAM M. FISHBACK

v.

THE PACIFIC EXPRESS COMPANY

Citator

Cited By (152 total)

• Lebert F. Batten v. State, 591 So. 2d 960 (Fla. 2d DCA 1991)
  …, e.g. Crawford v. State, 453 So. 2d 1139 (Fla. 2d DCA 1984)), is not essential to a conviction based upon a violation of the Act. Indeed, the mail and wire fraud statutes are not confined to common law fraud. Durland v. United States, 161 U.S. 306, 16 S.Ct. 508, 40 L.Ed. 709 (1896). See United States v. Oren, 893 F. 2d 1057 (9th Cir.1990). Here, no less than was true in United States v. Dial, 757 F. 2d 163 (7th Cir.1985), no one appears to have lost money, but the risk of loss may be deemed sufficient to s…
• United States v. Munsingwear, Inc., 340 U.S. 36 (U.S. 1950)
  …etermined against him is immaterial or moot, the judgment is not conclusive against him in a subsequent action on a different cause of action.” This has become the standard disposition in federal civil cases: New Orleans Flour Inspectors v. Glover, 161 U. S. 101, 103, modifying 160 U. S. 170; United States v. Hamburg-American Co., 239 U. S. 466; Berry v. Davis, 242 U. S. 468; United States v. American-Asiatic Steamship Co., 242 U. S. 537; Board of Public Utility Commissioners v. Compañia General de Tabacos…
• Pelletier v. Zweifel, 921 F.2d 1465 (11th Cir. 1991)
  …613, 615 (11th Cir.1989). A scheme to defraud need not be carried out to constitute a violation of the mail and wire fraud statutes. These statutes punish unexecuted, as well as executed, schemes. See Durland v. United States, 161 U.S. 306, 313-15, 16 S.Ct. 508, 511-12, 40 L.Ed. 709 (1896); Shale v. United States, 388 F. 2d 616, 618 (5th Cir.), cert. denied, 393 U.S. 984, 89 S.Ct. 456, 21 L.Ed.2d 445 (1968).72 This means that the government can convict a person for mail or wire fraud even if his targeted v…