Jury Instruction - Wire Fraud - Depriving Another Of Intangible Right Of Honest Services
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FAQ
Definition. Makes it a crime for executives and government officials to deny the perople they serve the intangible right to honest services.
Both mail and wire fraud require a scheme to defraud the victim of money or property.The mail fraud statute is a product of Congress's power to establish post offices and post roads under the Postal Clause. The wire fraud statute, on the other hand, is an exercise of Congress's authority under the Commerce Clause.
Mail fraud is punishable by a fine and imprisonment of up to 20 years. If the crime involves benefits connected to a presidentially declared major disaster or emergency, or affects a financial institution, there are enhanced penalties that include fines of up to $1 million and imprisonment for up to 30 years.
The crime of wire fraud occurs when someone voluntarily and intentionally uses an interstate communications device (such as a telephone) as a part of any scheme to defraud another of property, or anything else of value. Wire fraud is a federal crime with serious potential consequences.
Mail fraud and wire fraud are federal crimes in the United States that involve mailing or electronically transmitting something associated with fraud. Jurisdiction is claimed by the federal government if the illegal activity crosses interstate or international borders.
A conviction for mail fraud can result in a 20 year sentence, restitution to any victims, and fine determined by the judge. If the fraud involves federal disaster relief funds or a financial institution, a conviction can result in up to 30 years in prison.