Mail Fraud Conviction Supported In Part By Journal Entries

U.S. v. Schuler, -- F.3d --, 2006 WL 2338080 (10th Cir. 8/14/06) - there was sufficient evidence to support convictions on 24 counts of mail fraud. Ms. Schuler solicited customers with bad credit, promising credit cards upon payment of $39.95. Instead, they got a list of banks to contact. There was ample evidence of a scheme to defraud, intent to defraud (including the defendant's journal and diaries, in which she admitted failing to provide the promised "guaranteed approval" for credit cards), and use of the mails. Inflammatory surplusage in the indictment did not amount to plain error. Use of summary exhibits was proper, given the volume of the underlying financial records that were admitted into evidence. It was not improper for the gov't to question Ms. Schuler about extrinsic evidence re: a false tax return and a false social security # given in a credit card application. There was no confrontation error in phone testimony by a witness whose social security # was used by Ms. Schuler because she took an oath, was subject to cross, and her testimony was uncontroverted and subject to a finding of "absolute proof" by the district court.