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In reply to the discussion: The "wire fraud" charge is very real and very serious [View all]JudyM
(29,785 posts)52. If he argues he had no intent to defraud, trump univ. is waiting in the wings as a prior bad act,
He has created a long line of evidence
More on proof from DOJ:
PROOF OF FRAUDULENT INTENT
"The requisite intent under the federal mail and wire fraud statutes may be inferred from the totality of the circumstances and need not be proven by direct evidence." United States v. Alston, 609 F.2d 531, 538 (D.C. Cir. 1979), cert. denied, 445 U.S. 918 (1980). Thus, intent can be inferred from statements and conduct. United States v. Cusino, 694 F.2d 185, 187 (9th Cir. 1982) (citing United States v. Beecroft, 608 F.2d 753, 757 (9th Cir. 1979)), cert. denied, 461 U.S. 932 (1983). Impression testimony, that is, testimony of victims as to how they had been misled by defendants, is admissible to show an intent to defraud. See Phillips v. United States, 356 F.2d 297, 307 (9th Cir. 1965), cert. denied, 384 U.S. 952 (1966). Also consider complaint letters received by defendants as relevant to the issue of intent to defraud. The inference might be drawn that, since the defendant knew victims were being misled by solicitation literature and other representations, the continued operation of the business despite this knowledge showed the existence of a scheme to defraud.
Fraudulent intent is shown if a representation is made with reckless indifference to its truth or falsity. Cusino, 694 F.2d at 187. In addition, "[f]raudulent intent may be inferred from the modus operandi of the scheme." United States v. Reid, 533 F.2d 1255, 1264 n. 34 (D.C. Cir. 1976) ("[T]he purpose of the scheme 'must be to injure, which doubtless may be inferred when the scheme has such effect as a necessary result of carrying it out." ) (quoting United States v. Regent Office Supply Co., 421 F.2d 1174, 1180-81 (2d Cir. 1970) (quoting Horman v. United States, 116 F. 350, 352 (6th Cir.), cert. denied, 187 U.S. 641 (1902))). "Of course proof that someone was actually victimized by the fraud is good evidence of the schemer's intent." Id. (quoting Regent Office Supply Co., 421 F.2d at 1180-81). In United States v. D'Amato, the court explained the government's burden of proving fraudulent intent as follows:
https://www.justice.gov/archives/jm/criminal-resource-manual-949-proof-fraudulent-intent"The requisite intent under the federal mail and wire fraud statutes may be inferred from the totality of the circumstances and need not be proven by direct evidence." United States v. Alston, 609 F.2d 531, 538 (D.C. Cir. 1979), cert. denied, 445 U.S. 918 (1980). Thus, intent can be inferred from statements and conduct. United States v. Cusino, 694 F.2d 185, 187 (9th Cir. 1982) (citing United States v. Beecroft, 608 F.2d 753, 757 (9th Cir. 1979)), cert. denied, 461 U.S. 932 (1983). Impression testimony, that is, testimony of victims as to how they had been misled by defendants, is admissible to show an intent to defraud. See Phillips v. United States, 356 F.2d 297, 307 (9th Cir. 1965), cert. denied, 384 U.S. 952 (1966). Also consider complaint letters received by defendants as relevant to the issue of intent to defraud. The inference might be drawn that, since the defendant knew victims were being misled by solicitation literature and other representations, the continued operation of the business despite this knowledge showed the existence of a scheme to defraud.
Fraudulent intent is shown if a representation is made with reckless indifference to its truth or falsity. Cusino, 694 F.2d at 187. In addition, "[f]raudulent intent may be inferred from the modus operandi of the scheme." United States v. Reid, 533 F.2d 1255, 1264 n. 34 (D.C. Cir. 1976) ("[T]he purpose of the scheme 'must be to injure, which doubtless may be inferred when the scheme has such effect as a necessary result of carrying it out." ) (quoting United States v. Regent Office Supply Co., 421 F.2d 1174, 1180-81 (2d Cir. 1970) (quoting Horman v. United States, 116 F. 350, 352 (6th Cir.), cert. denied, 187 U.S. 641 (1902))). "Of course proof that someone was actually victimized by the fraud is good evidence of the schemer's intent." Id. (quoting Regent Office Supply Co., 421 F.2d at 1180-81). In United States v. D'Amato, the court explained the government's burden of proving fraudulent intent as follows:
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Good, the goddamn traitorous, seditionist m'fucker deserves to rot in hell.
Joinfortmill
Jun 2022
#67
Mobsters launder money through their lawyers, to send from their under shield of privilege.
Alexander Of Assyria
Jun 2022
#23
I forget the exact amount TFG raised to "Stop the Steal" and to help in the 2 Georgia races but ...
Botany
Jun 2022
#14
Let's hope so. This whole thing is totally damning for Trump, but I always question
PatrickforB
Jun 2022
#15
i blame it on Ford pardoning Nixon. Nixon's AG going to prison was because he committed crimes & was
onetexan
Jun 2022
#50
What Ford did set a precedent that in my view in impeding the Con's criminal indictment
onetexan
Jun 2022
#77
Agree, the Con's criminality & harm done make nixon's bumbling thievery seem trivial in comparison.
onetexan
Jun 2022
#82
Just another shakedown cruise for the fools who climbed aboard the ol' SS trump.
calimary
Jun 2022
#34
Why is that. RICO charges dragnet across numbers of people. How could one fraud charge
ancianita
Jun 2022
#42
If he argues he had no intent to defraud, trump univ. is waiting in the wings as a prior bad act,
JudyM
Jun 2022
#52
Also true! Add it to the pile. This may rope in his inner circle accomplices, as well.
JudyM
Jun 2022
#75
Didn't the fundraising emails/letters have some sort of disclaimer on them?
subterranean
Jun 2022
#57
I always felt it strange people would send their hard earned money in for any cause
Aussie105
Jun 2022
#61
Hopefully we will hear of conversations about fundraising off the lie. Testimony that the inner
Kota
Jun 2022
#78
Yet the Repugs are threatening to impeach Biden?? On what charges? Sickening. nt
allegorical oracle
Jun 2022
#86