Monday, December 23, 2013

United States v. Fallon case brief

United States v. Fallon case brief summary
776 F.2d 727 (1985)

Defendant sought review of the judgment of the United States District Court for the Eastern District of Wisconsin in which he was convicted of aiding and abetting mail fraud in violation of 18 U.S.C.S § 1341.

Defendant was employed by a business which bought and sold used cars and "rolled back" the odometers and secured new titles to hide the fraud. Defendant was found guilty as to 10 counts of aiding and abetting mail fraud and sought review as to four counts.


  • The court found that the mailings were "in furtherance of" and "essential to" the scheme. 
  • Defendant's right to a fair trial was not violated as there was sufficient evidence for a rational jury to conclude beyond a reasonable doubt that defendant was guilty. 
  • The trial judge was not required to exclude testimony given as a result of a "performance deal" with the government, and defendant's rights of due process were adequately protected by informing the jury of the terms of the deal, subjecting the witness to cross-examination, and properly instructing the jury.

The court affirmed defendant's convictions for aiding and abetting mail fraud.

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