United States v. Brown
United States Court of Appeals for the Fifth Circuit
7 F.3d 1155 (1993)
Jackie Brown (defendant) was convicted of conspiracy to commit mail fraud and of aiding and abetting mail fraud, based on evidence that a prison inmate, Sims, induced two women to send money to Brown by falsely claiming his "case worker" would mail them large money orders that were actually fraudulently altered to represent far greater value than actually issued; Brown moved to vacate his aiding-and-abetting conviction under Wharton's Rule, and the trial judge denied the motion.
Whether Wharton's Rule bars a defendant's conviction for both conspiracy and aiding-and-abetting a substantive crime like mail fraud, which does not inherently require multiple participants to commit.