You gotta check out this First Circuit opinion reversing the Varsity Blues’ convictions. It’s exactly why more defendants should fight these weird fraud theories. 47 out of the 50 defendants pleaded out. Three cases went to trial. Two were acquitted and one was reversed on appeal.
District judges: we need you to do more to check these crazy prosecutions instead of letting them get all the way to trial. It’s okay to grant motions to dismiss! You will get affirmed. And if not, the case will get reversed and then it will be tried. Nothing lost… These defendants suffered a lot and 47 others pleaded guilty because motions to dismiss this first of its kind theory were denied over and over again.