United States v. O'Hagan, 521 U.S. 642, 60 (1997)

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Cite as: 521 U. S. 642 (1997)

Opinion of Thomas, J.

to constitute mail fraud.13 I therefore concur in the judgment of the Court as it relates to respondent's mail fraud convictions.

701

13 While the majority may find it strange that the "mail fraud net" is broader reaching than the securities fraud net, ante, at 678, n. 25, any such supposed strangeness—and the resulting allocation of prosecutorial responsibility between the Commission and the various United States Attorneys—is no business of this Court, and can be adequately addressed by Congress if it too perceives a problem regarding jurisdictional boundaries among the Nation's prosecutors. That the majority believes that, upon shifting from securities fraud to mail fraud prosecutions, the "practical consequences for individual defendants might not be large," ibid., both undermines the supposed policy justifications for today's decision and makes more baffling the majority's willingness to go to such great lengths to save the Commission from itself.

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