Originally posted by lerxstcat
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And this offense is not punishable by jail, normally.
If you want to know the legalese, federal mail fraud falls under a breach of contract law. In the federal system, it isn't a felony. It's the equivalent of breaking a contract. With the Patriot Act, however. There's a new wrinkle in the interpretation of laws. Let's say you're a terrorist that is planning to, but has not yet mailed his potentially explosive substances. The Patriot Act has a provision called "theory of felony" that allows them to prosecute before the crime is committed. Why? Because many of these substances aren't restricted, nor are they illegal. Similar to the wine. Only the mailing of them "over state lines" is illegal. In this case, the item was mailed from New York to Penn. The "over state lines" part is crucial because otherwise the state has juridiction, and this guy was already cleared by the state. If the Fed. prosecutor can convince the jury that a breach of contract law can amount to a theory of a felony, then he will have achieved his goal.
It gets even more technical than this, and I can break it down for you. You said I'm not giving enough information earlier, but I didn't purposely because the whole case relies on, as far as I'm concerned, technicalities that are simply put into use because they don't like this guy's politics.
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