OPINION OF THE COURT
WEIS, Circuit Judge.
The district court concluded that an indictment charging mail fraud in a check kiting operation was faulty because it relied on an implied representation in the presentation of an N.S.F. check. We affirm in the circumstances here, but caution that the mail fraud statute may be violated even in the absence of active misrepresentations.
Defendant Eugene Frankel was charged with nine counts of mail fraud and...
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