Mail Fraud Case

The FBI special agents assigned to this case, Mulder and Sculley, have completed their investigation of certain transactions in the above-stated matter. Their factual summary and the relevant law concerning mail fraud, wire fraud and bank fraud form the basis for my recommendation to prosecute the offending parties.

(This memorandum will not include a discussion of "intangible property," since the property in question, i.e, money, is, in fact, tangible. Likewise, a discussion of "bank fraud" is not applicable here as the victim was not a financial institution and the fraud did not threaten the financial integrity of a federally-controlled or insured bank.)

Garzoni was a lawyer who worked for the K-Mart Corporation in their Troy, Michigan, offices in the closed store group of the Real Estate Department. He was responsible for the Southern Region, which includes closed K-Mart stores in Texas and specifically, store #4447, which these transactions involved. Garzoni has since been terminated by K-Mart Corporation and has refused to speak to the investigators.

It is my opinion that we should not seek to charge Garzoni in this matter. The evidence against him is so weak that, based on the facts currently in our possession, we would not be successful in securing a c

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Texas corporation, which listed Jo Marr, the secretary and office manager at Network Group, as president. It is my opinion that we should charge Aronds in this matter, both for mail and wire fraud. The evidence against him is compelling, based on the facts currently in our possession. For continuity purposes, I will follow the outline that I adhered to in discussing Garzoni, except I will not engage in another lengthy analysis of the law, if it has been previously discussed, but merely refer to the case that stands for the relevant principle, Aronds' charges revolve around two payments he received by fraudulent means. Aronds breached his fiduciary duty to K-Mart in order to receive: 1) a commission from K-Mart for assigning its lease, and 2) a payment from JaGee for terminating K-Mart's lease. Unlike Garzoni, Aronds did, in fact, intend and receive "personal gain." Further, both transactions revolved around the central fact of nondisclosure of material information to K-Mart (the victim) by its fiduciary (Aronds). (The Supreme Court has determined that materiality of a falsehood is incorporated as an element in the mail, wire and bank fraud statutes. See Neder v. U.S., (1999).) At first, it might appear that U
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Approximate Word count = 3986
Approximate Pages = 16 (250 words per page)

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