Mail Fraud: Depriving Another of an Intangible Right of Honest Services 18 U.S.C. Sec. [1341] and 1346 Independent Contractor or Other Private Sector Contractual Relationship Besides Employer/Employee

• Category: Federal - Jury Instructions - 11th Circuit - Criminal
• State: Multi-State
• Control #: US-JURY-11THCIR-O50-4-CR
• Format: Word

Description

Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions Mail Fraud: Depriving Another of an Intangible Right of Honest Services 18 U.S.C. Sec. [1341] and 1346 Independent Contractors or Other Private Sector Contractual Relationship Besides Employer/Employee is a type of mail fraud committed by someone in a contractual relationship with a private-sector entity other than an employer-employee relationship. This type of mail fraud includes any acts of deception or fraud that are committed using the mail or other forms of interstate communication, such as wire transfers. The act of mail fraud deprives another of an intangible right of honest services, such as an employer's right to honest, faithful, and loyal services from their employees. The types of mail fraud that fall under this statute include bribery, kickbacks, conflict of interest, and self-dealing. Bribery is an illegal payment or other consideration given to someone in order to influence or secure a business transaction. Kickbacks are payments made to someone in exchange for their assistance in obtaining or influencing a business transaction. Conflict of interest is when someone has a financial or personal interest in a decision they are making. Self-dealing is when someone takes advantage of their position to benefit themselves. All of these types of mail fraud are criminal offenses and punishable by up to 20 years in prison and/or a fine of up to $250,000. The U.S. Department of Justice has made prosecuting mail fraud a priority and is committed to holding those who commit this type of fraud accountable.

Mail Fraud: Depriving Another of an Intangible Right of Honest Services 18 U.S.C. Sec. [1341] and 1346 Independent Contractors or Other Private Sector Contractual Relationship Besides Employer/Employee is a type of mail fraud committed by someone in a contractual relationship with a private-sector entity other than an employer-employee relationship. This type of mail fraud includes any acts of deception or fraud that are committed using the mail or other forms of interstate communication, such as wire transfers. The act of mail fraud deprives another of an intangible right of honest services, such as an employer's right to honest, faithful, and loyal services from their employees. The types of mail fraud that fall under this statute include bribery, kickbacks, conflict of interest, and self-dealing. Bribery is an illegal payment or other consideration given to someone in order to influence or secure a business transaction. Kickbacks are payments made to someone in exchange for their assistance in obtaining or influencing a business transaction. Conflict of interest is when someone has a financial or personal interest in a decision they are making. Self-dealing is when someone takes advantage of their position to benefit themselves. All of these types of mail fraud are criminal offenses and punishable by up to 20 years in prison and/or a fine of up to $250,000. The U.S. Department of Justice has made prosecuting mail fraud a priority and is committed to holding those who commit this type of fraud accountable.