IMHO, prosecutors will take the route of low hanging fruit first. i.e. perjury, obstruction of justice, etc. But I still think 'Conspiracy to Defraud the Gov' has possibilities if they can show intent (which won't be easy) and beyond a reasonable doubt (which also won't be easy).blessed said:
Aggiehawg or knowledgeable others, what are the chances Barr and Durham lump a large number of the coup conspirators into a giant RICO case? Could you elaborate how that would work if it is realistic possibility.
923. 18 U.S.C. 371CONSPIRACY TO DEFRAUD THE UNITED STATES
Quote:
In summary, those activities which courts have held defraud the United States under 18 U.S.C. 371 affect the government in at least one of three ways:They cheat the government out of money or property; They interfere or obstruct legitimate Government activity; or They make wrongful use of a governmental instrumentality.
Quote:
926. GOVERNMENT INSTRUMENTALITY
The fraud of wrongful use of a government instrumentality is characterized by the lack of threatened or real pecuniary or proprietary loss, or obstruction of governmental activity. An example of such a scheme might be the use of false United States Internal Revenue Service receipts to defraud private persons of money. Furthermore, the United States has the right to ensure that funds be administered in accordance with law and honesty without corrupt influence or bribery.
Thus, a scheme to defraud the United States can range from directly cheating or swindling money or property from the government to simply using the government in a wrongful fashion with the only injury being to the pride and integrity of the government. The case law demonstrates, moreover, that any injury to the integrity of the government is sufficient.