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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, 18 U.S.C. 1341, 1343. Mail or wire fraud includes schemes to defraud another of honest services, when the scheme involves bribery or a kick back, 18 U.S.C. 1346; Skilling v. United States, 130 S.Ct. 2896 (2010). 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.
Offenders face the prospect of imprisonment for not more than 20 years, a fine of not more than $250,000 (not more than $500,000 for organizations), an order to pay victim restitution, and the confiscation of any property realized from the offense.
Misconduct that constitutes mail or wire fraud may also constitute a violation of one or more other federal crimes. Principal among these are predicate offense crimes, frauds based on jurisdictional factors other than use of mail or wire communications, and other honest services frauds in the form of bribery or kickbacks.
The other federal bribery and kickback offenses include bribery of public officials, federal program bribery, extortion under color of official right, and Medicare/Medicaid kickbacks. Mail and wire fraud are money laundering and racketeering predicate offenses. Numbered among the fraud offenses based on other jurisdiction grounds are the false claims and false statement offenses, bank fraud, health care fraud, securities fraud, and foreign labor contracting fraud.
This is an abridged version of CRS Report R41930, Mail and Wire Fraud: A Brief Overview of Federal Criminal Law, by Charles Doyle, without the footnotes, appendix, quotation marks, or citations to authority found in the longer version. Related CRS reports include CRS Report R40852, Deprivation of Honest Services as a Basis for Federal Mail and Wire Fraud Convictions, by Charles Doyle.
Amazon.com
Bob Eldridge on May 19, 20145.0 out of 5 starsThe Gov should read this book. Big in conviction but little in accountabilityA Customer on April 17, 1999
I sent this book to my wife that is in Jail for Mail Fraud. She is not guilty, but the Gov found her guilty anyways and gave her 20 years. The Prosecutor told her he was going to get her enough time that she will die in jail. She is 70 years old. The Prosecutor also sent a letter to her Lawyer starting it with "Dear Numb-nuts" What a guy.My wife has found the book very interesting.
Bob
5.0 out of 5 stars Hilarious!! Charming!! Delightful!!What a treasure that I found this book! I laughed out loud throughout the book. What a treat it must be to know Robert Steed.
I vow to give this book to all that I know. I can't wait to read all of his other books. I am...coming out from under the ether.
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Mail and Wire Fraud: A Brief Overview of Federal Criminal Law by Charles Doyle
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