Paulson complained that the mail fraud law is so broad it gives police agencies and prosecutors unlimited latitude. It's the biggest nonsense, catch-all statute in the federal umbrella. Kevin McMunigal, a law professor at Case Western Reserve University, said Paulson might have a point. McMunigal was a federal prosecutor in the San Francisco area from 1983 to 1986. That would be an active debate.
Vague statutes tend to give police and prosecutors more power, which they can use or abuse.
The mail fraud statute is one that has been labeled as one not clear or precise. McMunigal said the mail fraud law, created in 1872, is the oldest federal criminal statute. She said it was made more so in 1988, when Congress reversed a U.S. Supreme Court decision that made it less useful in political corruption cases. It certainly has the potential for misuse. And it certainly has been misused on some occasions.