Sufficiency of IndictmentSeparate Offenses
Each mailing or transmission in furtherance of the scheme and
to defraud is a separate offense. See, e.g., United States v.
Pazos, 24 F.3d 660, 665 (5th Cir. 1994)(mail fraud); United States v.
Rogers, 960 F.2d 1501, 1514 (10th Cir.)(each use of mails is separate
offense), cert. denied, 506 U.S. 1035 (1992); United States v.
Castillo, 829 F.2d 1194, 1199 (1st Cir. 1987)(wire fraud). Accordingly,
proper draftsmanship requires that only one mailing or transmission should
alleged in each count. Otherwise, the count may be duplicitous.|
Because descriptions of the scheme are frequently quite lengthy, it
suggested that those descriptive paragraphs set out in full in one count be
adopted and incorporated into another count by suitable reference pursuant
provision of Rule 7(c), Federal Rules of Criminal Procedure.
[cited in USAM 9-43.100]