Atlas Trading case stayed pending decision in Kousisis v. United States.

The 9th Circuit last week released its opinion in United States v. Milheiser, 16-CR-00076, in which the Court overturned six convictions of defendants who had been convicted of mail fraud and conspiracy to commit mail fraud arising from the defendants’ sales companies’ aggressive tactics in selling printer toner. The 9th Circuit adopted the “benefit of the bargain” theory of wire fraud, under which individuals cannot be convicted of wire fraud if the alleged victims received the “benefit of the bargain,” even if they were induced to make a purchase through misrepresentations.