Mail and Wire Fraud

It is a federal crime to devise a scheme to defraud another of property, when either mail or wire communications are used in furtherance of the scheme. Mail or wire fraud includes schemes to defraud another of honest services, when the scheme involves bribery or a kick back. In order to convict, the government must prove beyond a reasonable doubt that the defendant (1) used either mail or wire communications in the foreseeable furtherance, (2) of a scheme to defraud, (3) involving a...
More Description

It is a federal crime to devise a scheme to defraud another of property, when either mail or wire communications are used in furtherance of the scheme. Mail or wire fraud includes schemes to defraud another of honest services, when the scheme involves bribery or a kick back. In order to convict, the government must prove beyond a reasonable doubt that the defendant (1) used either mail or wire communications in the foreseeable furtherance, (2) of a scheme to defraud, (3) involving a material deception, (4) with the intent to deprive another of, (5) either property or honest services. Contents of this report: (1) Introduction; (2) Background; (3) Elements: Use of Mail or Wire Communications; Scheme to Defraud; Materiality; Intent; Money, Property, or Honest Services; Aiding and Abetting, Attempt, and Conspiracy; Sentencing; (4) Related Criminal Provisions: Predicate Offense Crimes: RICO; Money Laundering; Fraud Under Other Jurisdictional Circumstances: Defrauding the U.S.; Fraud Elsewhere in Chapter 63; Honest Services Fraud Elsewhere; (5) Appendix: Mail and Wire Fraud Statutes. This is a print on demand report.