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18 U.S.C. Sec.Sec. 1341 & 1343 MAIL/WIRE/CARRIER FRAUD - ELEMENTS

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Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm

18 U.S.C. Sec. Sec. 1341 & 1343, also known as the Mail/Wire/Carrier Fraud statutes, are United States federal laws that prohibit the use of the U.S. Postal Service, wire communication, or any other interstate carrier to execute a scheme to defraud or to obtain money or property by means of false or fraudulent pretenses, representations, or promises. The elements of a Mail/Wire/Carrier Fraud crime are as follows: 1) A scheme or artifice to defraud or to obtain money or property by means of false or fraudulent pretenses, representations, or promises; 2) Use of the U.S. Postal Service, wire communication, or any other interstate carrier; 3) The intent to defraud; 4) Knowledge of the falsity of the representations; and 5) The use of the interstate carrier in furtherance of the fraudulent scheme.

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FAQ

18 U.S.C. 1343?Elements of Wire Fraud. The elements of wire fraud under Section 1343 directly parallel those of the mail fraud statute, but require the use of an interstate telephone call or electronic communication made in furtherance of the scheme.

§ 1343, a defendant must have intentionally and voluntarily used a communication device that sends information over state lines as part of a scheme to defraud another out of money or other valuables. It can involve the use of a landline telephone, cell phone, computer, tablet, or another electronic device. U.S.C.

It states says a person will be imprisoned for up to 20 years. In addition, any violation that impacts a financial institution can lead to a prison sentence of up to 30 years and a fine up to $1 million dollars. or both jail and a fine.

The elements of wire fraud under Section 1343 directly parallel those of the mail fraud statute, but require the use of an interstate telephone call or electronic communication made in furtherance of the scheme. United States v.

§1346. Definition of "scheme or artifice to defraud" For the purposes of this chapter, the term "scheme or artifice to defraud" includes a scheme or artifice to deprive another of the intangible right of honest services.

More info

"There are two elements in mail fraud: (1) having devised or intending to devise a scheme to defraud (or to perform specified fraudulent acts), and (2) use of the mail for the purpose of executing, or attempting to execute, the scheme (or specified fraudulent acts). Title 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 63 - MAIL FRAUD AND OTHER FRAUD OFFENSES Sec.Based on title 18, U.S.C., 1940 ed. Mail fraud (18 U.S.C. section 1341) and wire fraud (18 U.S.C. section 1343) are both federal crimes. Under 18 U.S. Code Section 1341, it is a federal crime to use government or private mail carriers to further any "scheme or artifice to defraud. Mail fraud under 18 U.S.C., Section 1341 is commonly known as postal fraud and similar to wire fraud. The federal statute 18 U.S.C. § 1342 adds to a mail fraud crime, using a fictitious name or address for a fraudulent scheme. What is a "specific intent? §§ 1341, 1342, and 1517, prohibits obligations and expenditures in excess of an appropriation or before an appropriation is available. TITLE IIFIREARMS. Sec. 12001.

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18 U.S.C. Sec.Sec. 1341 & 1343 MAIL/WIRE/CARRIER FRAUD - ELEMENTS