First Circuit: US v. Arif

Trade Commission organic act was not an implied partial repeal of the wire fraud act, as the latter deals only with the wires and the former with advertising, and, further, there is no irreconcilable conflict between the two.

Deft's belief in the actual efficacy of the product does not negative the intentional specific misrepresentations in the advertising materials on the website.

Sentencing calculations that included revenue from sales of products about which no complaints had been received is not plainly erroneous, given lack of showing that the satisfied customers didn't purchase due to specific fraudulent misrepresentation.  Additionally, no reasonable probability of prejudice, given downward departure from sentencing range.

Below-guidelines sentence not substantively unreasonable.

http://media.ca1.uscourts.gov/pdf.opinions/17-1597P-01A.pdf