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United States v. Al Hedaithy

United States Court of Appeals for the Third Circuit
392 F.3d 580 (2004)


Facts

Al Hedaithy (defendant) was one of about 60 foreign nationals who participated in a scheme to cheat on the Test of English as a Foreign Language (TOEFL), a standardized test administered by the Educational Testing Service (ETS) that measured the test-taker’s aptitude in the use of the English language. Al Hedaithy and the other defendants paid an imposter to take the TOEFL for them. Under the scheme, the imposter would go to the test-administration site, claim to be a registered test taker, be photographed, take the test, and direct that the test results be mailed to a particular individual. When that individual received the fraudulent results, he would replace the imposter’s photograph with an actual photograph of the purported test taker, then mail the doctored, fraudulent test results to legitimate educational institutions in fake ETS envelopes. Al Hedaithy and the other defendants were indicted on charges of mail fraud for their participation in the cheating scheme. The defendants asserted that the evidence alleged in the indictments failed to support the charge of mail fraud.

Rule of Law

Issue

Holding and Reasoning (Stapleton, J.)

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