Alaska Jury Instruction - Wire Fraud - Depriving Another Of Intangible Right Of Honest Services
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Miller reasoned that ?to be guilty of wire fraud, a defendant must act with the intent not only to make false statements or utilize other forms of deception, but also to deprive a victim of money or property by means of those deceptions. In other words, a defendant must intend to deceive and cheat.? Id. at 1101.
In the United States, common law generally identifies nine elements needed to establish fraud: (1) a representation of fact; (2) its falsity; (3) its materiality; (4) the representer's knowledge of its falsity or ignorance of its truth; (5) the representer's intent that it should be acted upon by the person in the ...
When it comes to wire fraud, the paper (or digital) trail left behind by financial transactions is critical. Prosecutors often rely heavily on financial documents and records as part of their evidence. This can include bank statements, wire transfer records, credit card statements, invoices, contracts and more.
A fiduciary duty is a duty to act only for the benefit of the public, an employer, shareholders, or a union. The statute was created by congress as a response to the governments limitation in its use of the wire fraud statute.
An example of honest services fraud would include a mayor, an offender, who accepted a bribe from a building contractor in exchange for awarding the building contractor a city contract over competing contractor bids.
The federal wire fraud statute is 18 U.S.C. § 1343, it provides the wire fraud definition. To convict on wire fraud charges, the government must prove that the person intentionally used some kind of electronic communication, such as a phone or email, for purposes of committing fraud.