creative financing

Justin Schwartz jkschw at hotmail.com
Thu Apr 19 08:14:34 PDT 2001


What do I know, I'm a just a federal lawyer that deals with criminal fraud all the time. You can believe W, a sociology prof, if you like, and explain to the U.S. Attorney how impossible it is to show the mens rea (the necessary mental state). His conviction rate (of those indicted) is about 99.9%, maybe 95% of the cases that go to trial. And he prosecutes a lot of fraud cases. As I said, it's a really bad idea to commit federal crimes. There is, as I said, no parole in the federal system, and the baseline 5 years for each fraud charge (mail and wire, I don't know about credit and bankruptcy) is enhanced for increased amounts of money involved. Moreover, you be be prosecuted for, and convictedof, mail and wire and credit and bankruptcy fraud all together for the same acts. They are seperate crimes, and if you followed he "creative accounting" advice, youw ould have committed all of them, probably others too.

--jks


>
>At 09:39 PM 4/18/01 +0000, Justin wrote:
> >Credit fraud is a crime, as is mail fraud and wire fraud. I'd advise
>aaginst
> >committing it. You can go to jail. --jks
>
>
>Perhaps. But it requires to prove that one had no intention of paying
>one's debt, an almost impossible task unless one wants to confess.
>
>wojtek
>
>

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