At 11:26 AM -0400 4/13/00, Rico Sapolich wrote:
>If you miss the implication of what you suggest, perhaps you should
>check the definitions of coconspirator and wire fraud.

Rich,

A coconspirator is 'a member of a conspiracy'.  A conspiracy is
defined as when people work together by agreement to commit an
illegal act. A conspiracy may exist when the parties use legal means
to accomplish an illegal result, or to use illegal means to achieve
something that in itself is lawful. To prove a conspiracy those
involved must have agreed to the plan before all the actions have
been taken, or it is just a series of independent illegal acts. A
conspiracy can be criminal for planning and carrying out illegal
activities, or give rise to a civil lawsuit for damages by someone
injured by the conspiracy. Thus, a scheme by a group of salesmen to
sell used automobiles as new, could be prosecuted as a crime of fraud
and conspiracy, and also allow a purchaser of an auto to sue for
damages for the fraud and conspiracy.

Regarding wire fraud; a person can be found guilty of wire fraud only
if all of the following facts are proved beyond a reasonable doubt:

First: That the person knowingly and willfully devised a scheme to
defraud, or for obtaining money or property by means of false
pretenses, representations or promises; and

Second: That the person knowingly transmitted or caused to be
transmitted by wire in interstate commerce some sound for the purpose
of executing the scheme to defraud.

There is nothing illegal for a number of people to pool their
interests and bid on items.  It happens in auctions all of the time,
as you should know. This eliminates the 'coconspirator' reference you
made above.  Also, since no sound is being transmitted, no wire fraud
is occurring.

What led you to send the above letter?

Coyote

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