05.10.16 | Articles

When Do Business Negotiations Cross the Line and Become Fraud?

New York Law Journal

The mail, wire and securities fraud statutes have a wide but not unlimited reach. An area of particular controversy is the application of these statutes to arm’s length business negotiations. In this article, we discuss several recent appellate decisions in which business negotiations have given rise to criminal fraud charges, and suggest that the line between acceptable negotiation and fraud warrants further judicial clarification.

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