United States v. Pirello
255 F.3d 728
In the United States Court of Appeals for the Ninth Circuit
Docket Number 00-30232
Before Circuit Judge Farris, Circuit Judge Trott, and Circuit Judge Berzon
Decided on June 20, 2001

Relevancy of the case: Applicability of Sentencing Guidelines in a case of wire fraud involving mass advertising, when only three individuals were defrauded

Statutes and Provisions Involved

• 18 U.S. Code § 1343 (Fraud by wire, radio, or television)

Relevant Facts of the Case

• The appellant pled guilty to committing wire fraud through the Internet and mass advertising.
• He has challenged the applicability of the Sentencing Guidelines in his case.

Prominent Arguments by the Counsels

• The appellant’s counsel argued that his act did not satisfy the definition of mass marketing as enshrined in the Sentencing Guidelines. He did not induce a large number of people, and only three individuals were defrauded.
• The appellee’s counsel argued that the guidelines should be applied since he used mass advertising to defraud individuals. Such an act prompted the District Judge to apply the guidelines.

Opinion of the Bench

• The appellant’s use of defrauding people can be considered mass marketing since he used the Internet to try to induce a large number of people.
• Just because only three were defrauded does not mean that the appellant used the adverts for only those three people. His method of sending emails through the Internet indicates an intent to solicit and defraud a large number of people.

Final Decision

• The court dismissed the appeal and affirmed the appellant’s conviction.

Aarya Tyagi, an undergraduate student at the Institute of Law, Nirma University, Ahmedabad, prepared this case summary during his internship with The Cyber Blog India in May/June 2024.