United States Court of Appeals for the Fifth Circuit · 1995-07-18
18usc1343: author: Fable · not independently reviewed
Case and law context
Role: applied; posture: criminal; bench-trial conviction on three wire fraud counts (charged with § 1346 honest services) plus § 371 conspiracy and § 1956 money laundering; defendant appeals sufficiency of the evidence that he caused an interstate wire communication; result: claimant-lost; claim:
Uncertainty
None recorded
Misfit
The holding is a relation between two declared elements: the mens rea / causation component of `wire` (foreseeability) attaches to the jurisdictional fact of `interstate` (the court requires foreseeability of an INTERSTATE communication, noting the Second and Eighth Circuits disagree). A block attaches to one id; it sits under `wire`, and `interstate` is left not-reached although the interstate routing in fact was undisputed.
The same insufficiency reverses the § 371 conspiracy count (no intent to commit wire fraud; separately, mailing of lease specifications not foreseeable under § 1341) and three § 1956 money-laundering counts (wire fraud as the specified unlawful activity). Derivative effects on other statutes' counts have no slot; no declared id covers conspiracy or predicate status.
Foreseeability is assessed for either of two people (defendant or unindicted co-conspirator, whose wire use would be attributed to the defendant); `party` is free text and cannot express "either of".
SUBSEQUENT HISTORY (not in the pinned text, but in the corpus): this panel opinion was withdrawn on panel rehearing, 79 F.3d 1430 (IR /f3d/79/1430-01), and the case was then reheard en banc, 116 F.3d 728 (IR /f3d/116/0728-01), where the convictions were affirmed. The `wire` block therefore carries `scope superseded` (displacement by another IR record) and is not an instance; `result claimant-lost` describes this withdrawn opinion only. The later opinions are separate records and should be annotated separately.
B · Case × element grid
Top-level elements follow claim order in panels of up to six elements. Case rows repeat across panels. Every recorded block retains its holding and basis; multiple blocks are not merged into a case-level verdict. ✓ satisfied · ✗ not satisfied · ○ not reached · · not addressed. Muted blocks are not counted. Sub-element evidence remains on case and element pages.
Elements 1–6 of 8
| Case | Scheme or artifice to defraud | Traditional money or property as an object | Material deception | Knowing participation with intent to defraud | Transmission or causation by wire, radio, television | Wire transmission for execution of scheme |
|---|---|---|---|---|---|---|
| United States v. Brumley — 59 F.3d 517 (1995) · United States Court of Appeals for the Fifth Circuit · 1995 (18usc1343: author: Fable · not independently reviewed) | ○ not reached · basis not recordedNot counted: applied/merits | · not addressed | · not addressed | · not addressed | ✗ not · no-evidenceNot counted: applied/superseded | ○ not reached · basis not recordedNot counted: applied/merits |
Elements 7–8 of 8
| Case | Interstate or foreign transmission | Separate section 1346 theory; outside property-fraud claim |
|---|---|---|
| United States v. Brumley — 59 F.3d 517 (1995) · United States Court of Appeals for the Fifth Circuit · 1995 (18usc1343: author: Fable · not independently reviewed) | ○ not reached · basis not recordedNot counted: applied/merits | ○ not reached · basis not recordedNot counted: applied/merits |
Instances and excluded annotation blocks
| Case | Element | Holding and scope | Pattern | Exact source quotations |
|---|---|---|---|---|
| United States v. Brumley — 59 F.3d 517 (1995) · United States Court of Appeals for the Fifth Circuit · 1995 — not reached (18usc1343: author: Fable · not independently reviewed) | Wire transmission for execution of scheme | not_reached Excluded from merits counts applied / merits | Unspecified route | No source quotation recorded for this block. |
| United States v. Brumley — 59 F.3d 517 (1995) · United States Court of Appeals for the Fifth Circuit · 1995 — not reached (18usc1343: author: Fable · not independently reviewed) | Separate section 1346 theory; outside property-fraud claim | not_reached Excluded from merits counts applied / meritsCounts were charged under §§ 1343 and 1346 (citizens' right to the official's honest services); the panel does not discuss § 1346. | Unspecified route | No source quotation recorded for this block. |
| United States v. Brumley — 59 F.3d 517 (1995) · United States Court of Appeals for the Fifth Circuit · 1995 — not reached (18usc1343: author: Fable · not independently reviewed) | Interstate or foreign transmission | not_reached Excluded from merits counts applied / meritsThat the agents' calls to the Missouri computer actually crossed state lines is recited as the only interstate communication in the record and was not disputed; what failed was the defendant's foreseeability of that interstate leg, recorded under `wire`. | Unspecified route | No source quotation recorded for this block. |
| United States v. Brumley — 59 F.3d 517 (1995) · United States Court of Appeals for the Fifth Circuit · 1995 — not reached (18usc1343: author: Fable · not independently reviewed) | Scheme or artifice to defraud | not_reached Excluded from merits counts applied / meritsLoans from a lawyer practising before the defendant's agency, and favours in return, are recited but the court never decides whether they were a scheme to defraud. | Unspecified route | No source quotation recorded for this block. |
| United States v. Brumley — 59 F.3d 517 (1995) · United States Court of Appeals for the Fifth Circuit · 1995 — not · no-evidence (18usc1343: author: Fable · not independently reviewed) | Transmission or causation by wire, radio, television | not Excluded from merits counts applied / superseded basis: no-evidence; party: Brumley (recipient) and Cely (sender, unindicted co-conspirator); theory: "causes to be transmitted": foreseeability that a third party's handling of the transfer would use interstate wires; opinion: panel opinion of 1995-07-18, withdrawn on panel rehearing (79 F.3d 1430, IR /f3d/79/1430-01) and the case then reheard en banc (116 F.3d 728, IR /f3d/116/0728-01; convictions affirmed) -- neither annotated here; subject: party=Brumley (recipient) and Cely (sender, unindicted co-conspirator); theory="causes to be transmitted": foreseeability that a third party's handling of the transfer would use interstate wires; opinion=panel opinion of 1995-07-18, withdrawn on panel rehearing (79 F.3d 1430, IR /f3d/79/1430-01) and the case then reheard en banc (116 F.3d 728, IR /f3d/116/0728-01; convictions affirmed) -- neither annotated here CAVEAT: NOT a current holding. The corpus itself records that this opinion was withdrawn ("The opinion in this case issued under date of July 18, 1995, is withdrawn", /f3d/79/1430-01, which pretermitted the sufficiency claim) and that the en banc court later affirmed the convictions (/f3d/116/0728-01). The block is therefore `scope superseded` and not an instance; it records what the withdrawn panel opinion decided. Sufficiency reversed. Sender and recipient were both in Texas; only Western Union's agents contacted a computer in Missouri. The government thought foreseeability of the interstate leg was not an element and offered no proof of it; the company's national footprint and a New Jersey address on the back of the form were not notice. | intrastate-money-transfer-routed-through-out-of-state-computer | Cely wired the money from the Western Union office in Lufkin, Texas, to Brumley in Beaumont, Texas.Source: docroot/ir/caselaw/f3d_59.jsonl#/f3d/59/0517-01; Unicode character offsets [1493:1592] (end exclusive); SHA-256 ee745115d6bb844b125eed9c1f91c4dcb191bdf422c551308bf7e2642cc72f3a.Neither Brumley nor Cely actually communicated with each other via interstate wires.Source: docroot/ir/caselaw/f3d_59.jsonl#/f3d/59/0517-01; Unicode character offsets [6661:6745] (end exclusive); SHA-256 ee745115d6bb844b125eed9c1f91c4dcb191bdf422c551308bf7e2642cc72f3a.The only evidence in the record that could even inferentially show knowledge or foreseeability is: (1) Western Union is an international company with many agents throughout the United States and (2) the form Cely used in Lufkin, Texas, to initiate the sending of the money to Brumley listed, on the back, a Western Union corporate address in New Jersey.Source: docroot/ir/caselaw/f3d_59.jsonl#/f3d/59/0517-01; Unicode character offsets [8043:8396] (end exclusive); SHA-256 ee745115d6bb844b125eed9c1f91c4dcb191bdf422c551308bf7e2642cc72f3a.Nowhere in his testimony does Cely say, or imply, that he knew, or that it was foreseeable to him, that his actions could result in an interstate wire communication.Source: docroot/ir/caselaw/f3d_59.jsonl#/f3d/59/0517-01; Unicode character offsets [8437:8602] (end exclusive); SHA-256 ee745115d6bb844b125eed9c1f91c4dcb191bdf422c551308bf7e2642cc72f3a.When asked on cross-examination by Brumley’s attorney whether a wire transfer customer would be aware of Western Union’s interstate computer system, the Western Union representative responded, “I can’t answer that.”Source: docroot/ir/caselaw/f3d_59.jsonl#/f3d/59/0517-01; Unicode character offsets [8736:8951] (end exclusive); SHA-256 ee745115d6bb844b125eed9c1f91c4dcb191bdf422c551308bf7e2642cc72f3a.In order to prove that a defendant has used, or caused the use of, interstate wire communications, the government must show that the defendant knew, or that it was foreseeable to him that, an interstate wire communication would result.Source: docroot/ir/caselaw/f3d_59.jsonl#/f3d/59/0517-01; Unicode character offsets [4333:4568] (end exclusive); SHA-256 ee745115d6bb844b125eed9c1f91c4dcb191bdf422c551308bf7e2642cc72f3a.However, when the individual does not personally communicate, but instead causes another to communicate via interstate wires, foreseeability is not always so readily apparent.Source: docroot/ir/caselaw/f3d_59.jsonl#/f3d/59/0517-01; Unicode character offsets [5210:5385] (end exclusive); SHA-256 ee745115d6bb844b125eed9c1f91c4dcb191bdf422c551308bf7e2642cc72f3a.There is not sufficient evidence in this record upon which a trier of fact could find beyond a reasonable doubt that it was foreseeable to Brumley or Cely that their actions would cause the Western Union agents to make interstate wire communications.Source: docroot/ir/caselaw/f3d_59.jsonl#/f3d/59/0517-01; Unicode character offsets [9123:9373] (end exclusive); SHA-256 ee745115d6bb844b125eed9c1f91c4dcb191bdf422c551308bf7e2642cc72f3a. |