White-Collar Crime

The 'Right to Control' Theory in Mail and Wire Fraud Prosecutions

, New York Law Journal


White-Collar Crime columnists Elkan Abramowitz and Jonathan Sack discuss SDNY Judge Loretta Preska's recent decision in 'United States v. Davis', in which she analyzed the Second Circuit's "right to control" decisions and concluded that a guilty verdict should be set aside. The authors then address practical steps defense counsel can take when facing a mail or wire fraud prosecution premised on this sometimes elusive doctrine.

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