In message <[EMAIL PROTECTED]>, [EMAIL PROTECTED]
write
s:
>> The decision was that, covering yourself in a legalistic fashion
>> with fine print is not enough. You may not intentionally mislead people
>> through the US Mail.
>
>And if you listen carefully to yourself, and to the information the
>Postal Inspectors will give you, you will know that Mail Fraud only
>exists WITH SPECIFIC INTENT to fraud.
>
>Being aware of a problem in their billing and system, and not fixing
>it in a timely matter, is not the same as having a specific intent to
>fraud.
Think again. Modern case law is changing EXACTLY that. The legal
definition of intent is being gradually extended to include the
combination of foreknowledge and omission of action to remedy.
Case in point: Here, in my home town, a young child was recently
killed by a drunk driver with a history of DUI's. The DA reasoned
that he had both foreknowledge of his weakness (alcohol), and failed to
remedy it to keep it safe (by getting behind the wheel), and that
the two constitute intent. He charged the driver with 1st degree
murder, which requires premeditation, which is intent both at the
moment of the crime and in advance. The court and jury agreed.
The man was convicted.
>You are not the first to float this idea that NSI is committing mail
>fraud, and you probably won't be the last. But the bottom line is
>that it is NOT mail fraud, at least not under the law.
The bills passed by Congress are half the story. Case law specifies
the broad vaguarities that exist in any bill so that its remedies and
restrictions can be applied uniformly AND, more importantly, in the
SPIRIT in which they were intended.
The man did not intend to kill. But his foreknowledge, and failure
to restrain himself can be quite justifiably viewed as a MORAL
equivalent. That's kind of a big stretch, but was deemed just.
This case is NOT so big a stretch. NSI has been advised of what
is happening and by direct omission of action (which, btw, is not
differentiated legally from direct action-- omission of action
is action) continues to do so.
-Cengiz
