Jonathan Wade Dunning v. United States
JusticiabilityDoctri
Has a defendant engaged in a 'scheme or artifice to defraud' when the defendant purchases property based on a methodologically sound appraisal without sharing a higher appraisal with the seller?
QUESTIONS PRESENTED 1. For purposes of the wire fraud statute, 18 U.S.C. § 1343, has a defendant engaged in a “scheme or artifice to defraud” when the defendant, without any duty to disclose anything, purchases property from another (a) based on a methodologically sound appraisal for the property but (b) without sharing with the seller the existence of an appraisal for the property that suggests a higher market value than the agreed-upon purchase price? 2. For purposes of the wire fraud statute, 18 U.S.C. § 1343, has a defendant engaged in a “scheme or artifice to defraud” when (a) the defendant retains all the proceeds from the sale of property, owned jointly with another; (b) there is no agreement, written or otherwise, detailing how proceeds should be split between co-owners; and (c) there is no evidence of the defendant’s fraudulent intent at the time of purchase or sale of the property? i