Mail fraud and wire fraud are federal crimes in the United States that involve mailing or electronically transmitting something associated with fraud. legal power is claimed by the federal government if the illegal activeness crosses interstate or international borders. [ 1 ] [ 2 ]
chain mail fraud [edit ]
18 U.S.C. § 1341 provides :
Reading: Mail and wire fraud – Wikipedia
Whoever, having devised or intending to devise any schema or ruse to defraud, or for obtaining money or property by means of assumed or deceitful pretenses, representations, or promises, or to sell, discard of, lend, exchange, alter, give away, stagger, provision, or supply or pander for improper use any counterfeit or specious mint, debt instrument, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or inauthentic article, for the determination of executing such schema or ruse or attempting so to do, places in any stake office or authorized depository for mail topic, any matter or thing to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing to be sent or delivered by any secret or commercial interstate carrier, or takes or receives therefrom, any such count or thing, or wittingly causes to be delivered by mail or such carrier according to the direction thereon, or at the position at which it is directed to be delivered by the person to whom it is addressed, any such topic or thing, shall be fined under this deed or imprisoned not more than 20 years, or both. If the misdemeanor occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a Presidential declared major catastrophe or emergency ( as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ) ), or affects a fiscal initiation, such person shall be fined not more than $ 1,000,000 or imprisoned not more than 30 years, or both. [ 3 ]
In layman ‘s terms, anyone trying to scam another individual or group through items of respect, for example, money, through the US mail system or a individual chain mail rescue service and those wittingly participating in that scam will be punished with a prison sentence that can not be longer than 20 years. however, for such acts during a Presidential declared major catastrophe or emergency, the prison prison term can be adenine long as 30 years and the fine a great as $ 1,000,000 .
wire imposter [edit ]
18 U.S.C. § 1343 provides :
Whoever, having devised or intending to devise any scheme or ruse to defraud, or for obtaining money or place by means of false or deceitful pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or extraneous commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such dodge or ruse, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a fiscal institution, such person shall be fined not more than $ 1,000,000 or imprisoned not more than 30 years, or both. [ 4 ]
In layman ‘s terms, anyone trying to scam other people or groups through any shape of communication, for example, phones, instantaneous messaging, e-mail, or through write, signs, pictures or sounds can be punished with a maximum prison sentence of 20 years. If the victimize involves a fiscal initiation, the maximum ticket is raised to 1 million US dollars and prison conviction not more than 30 years, or both .
Honest services [edit ]
18 U.S.C. § 1346 provides :
For the purposes of this chapter, the term “ scheme or ruse to defraud ” includes a outline or ruse to deprive another of the intangible correct of good services. [ 5 ]
Elements [edit ]
There are three elements to mail and wire fraud :
- A mail or wire communication
- a scheme and intent to defraud someone
- a material deception
Mail fraud applies lone to United States domestic mailings and consumption of interstate carriers ( UPS, FedEx ) which must originate in one state, and successfully terminate pursuant to the address label inside another country, a transportation that is termed “ interstate ” ( over which Congress has exponent to regulate ) and does require that the mailing intersect at least one state line into another country ; [ 6 ] wire [ 6 ] fraud has been expanded by Congress to include alien wire communication or interstate connections via ( e.g. ) an electronic mail waiter or telephone switch or radio communication. [ 7 ]
Case police [edit ]
In McNally v. United States ( 1987 ), the Supreme Court held that 18 U.S.C. §§ 1341 and 1343 did not reach honest services imposter. [ 8 ] Congress responded by passing 18 U.S.C. § 1346. In Skilling v. United States ( 2010 ), the Court construed § 1346 to apply only to bribes and kickbacks. [ 9 ]
Mail fraud schemes [edit ]
There are many types of mail fraud schemes, including employment imposter, fiscal imposter, fraud against older Americans, sweepstakes and lottery fraud, and telemarketing fraud. extra information about these versatile types of chain mail imposter schemes can be found on the United States Postal Inspection Service web site. [ 10 ] In the 1960s and 1970s, Chief Postal Inspector Martin McGee, besides known as “ The Top Sleuth ” or “ Mr. Mail Fraud ”, led his department in exposing and prosecuting numerous mail imposter swindles such as estate sales, bogus ad practices, indemnity ripoffs, and deceitful charitable organizations that used the chain mail to facilitate their illegal activities. [ 11 ]
oscilloscope [edit ]
The telescope of 18 U.S.C. §1341 and 18 U.S.C. §1343 is broad. These statutes have been held by the Supreme Court to encompass “ everything designed to defraud by representations as to the past or present, or suggestions and promises as to the future. ” [ 12 ] Lower courts have increasingly expanded this rule, finding that the law “ puts its sanction on the accept moral standards and condemns conduct which fails to match the ‘reflection of moral verticality, of cardinal honesty, fair bid and properly cope in the general and business life of members of club ‘ ”. [ 13 ] As interpreted, these requirements are not difficult to meet ; the Justice Department claims to defer federal prosecution for junior-grade local fraud. In 1987, the Supreme Court of the United States ruled in McNally v. United States to narrow the setting of the mail and wire fraud statutes, ruling that the codified pertained lone to schemes to defraud victims of real property, including money. In 1988, Congress enacted a new law that specifically criminalized schemes to defraud victims of “ the intangible right of honest services ” ( honest services fraud ) .
See besides [edit ]
Notes [edit ]
References [edit ]
- Jed S. Rakoff, The Federal Mail Fraud Statute (Part I), 18 Duq. L. Rev. 771 (1980).