Source: cases/18usc1341/f3d-922-762-us-v-petlechkov.case
Case source: https://www.neochart.com/catalog/cases/f3d/volume_922/0762_01/index.html
A fraudulent scheme must include a material misrepresentation, which is a misrepresentation that could influence the decision of a "person[ ] of ordinary prudence and comprehension."
Thus, Petlechkov's false statement was capable of influencing FedEx's decision.
Despite Petlechkov's arguments to the contrary, a rational juror could have found his misrepresentation material.
casedsl 1.2 # author: Flash3 (gemini-3.8-flash-high) # triaged-by: Fable (2026-11-10) case /f3d/922/0762-01 name U.S. v. Petlechkov cite 922 F.3d 762 (2019) court United States Court of Appeals for the Sixth Circuit date 2019-05-01 url catalog/cases/f3d/volume_922/0762_01/index.html source ir/caselaw/f3d_922.jsonl sha1=de9ae1be7c42ce65715d41527e98f613f67a6be0 chars=20532 # single opinion (Thapar, J.); no separate opinions. opinion op : majority by Thapar @0..20532 controlling party p1 : Dimitar Petlechkov count c1 : all 20 mail fraud counts (one FedEx package each) ? other: result is `mixed` because 17 of 20 convictions were dismissed without prejudice for failure to prove venue under 18 U.S.C. ยง 3237(a), which the court says is not an element; on every element of section 1341 the government prevailed. law 18usc1341 role applied posture criminal appeal from jury convictions on 20 counts of mail fraud; sufficiency challenge limited to materiality rejected for all counts; Counts 6, 13 and 19 affirmed, the other 17 counts dismissed without prejudice for unproved venue; remanded for resentencing result mixed element materiality : satisfied [proved] party p1 count c1 route reasonable-person-standard pattern false claim to be a vendor of a high-volume shipper, made by phone to the carrier's account manager to obtain the customer's discount fact @2239..2444 [supports] | His misrepresentation was simple: he called FedEx's account manager for General Dynamics-one of FedEx's larger clients-and claimed he was a General Dynamics vendor entitled to its discounted shipping rate. fact @3416..3519 [supports] | And indeed, FedEx's standard "operating procedure" was to extend a customer's discounts to its vendors. fact @3710..3818 [supports] | And indeed, it actually influenced FedEx's decision-FedEx gave him a discount that lasted for several years. fact @4749..4839 [cuts-against] | Newborn did testify that in some circumstances unwritten discounts violate Sarbanes-Oxley. rule @1835..2017 | A fraudulent scheme must include a material misrepresentation, which is a misrepresentation that could influence the decision of a "person[ ] of ordinary prudence and comprehension." held @3630..3709 | Thus, Petlechkov's false statement was capable of influencing FedEx's decision. held @5121..5234 | Despite Petlechkov's arguments to the contrary, a rational juror could have found his misrepresentation material. gloss Sufficiency upheld. A prudent FedEx employee would follow the company's own vendor-discount policy, so the lie could influence the decision; that it actually worked is strong evidence of materiality. The argument that a prudent person would not grant a discount violating Sarbanes-Oxley failed on the testimony. element scheme : satisfied [conceded] party p1 count c1 route fraudulent-inducement pattern lying to a carrier about vendor status to obtain discounted shipping rates, then reselling shipping at a margin fact @463..586 [supports] | In order to obtain such a discount, Dimitar Petlechkov lied to FedEx and claimed he was a vendor for a high-volume shipper. fact @2147..2238 [supports] | Petlechkov concedes that he made a misrepresentation but contends that it was not material. gloss The misrepresentation itself was conceded on appeal; only its materiality was disputed. misfit The opinion's main ruling is venue: the government failed to prove that the packages in 17 counts moved through the Western District of Tennessee, and a venue dismissal is not an acquittal. Venue is not an element of section 1341 and has no block. The use of the mails (FedEx packages) was unchallenged.