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8.122 Scheme to Defraud-Vicarious Liability (18 U.S.C. Sec. 1341, 1343, 1344, 1346

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/

8.122 Scheme to Defraud-Vicarious Liability (18 U.S.C. Sec. 1341, 1343, 1344, 1346) is a criminal offense that applies when an individual or organization engages in a scheme to defraud another person or entity by means of deception or misrepresentation. Vicarious liability is a legal doctrine that holds one person or organization responsible for the actions of another. Under this doctrine, a person or organization may be held liable for the fraud carried out by someone else, even if they are not directly involved in the fraud. There are four types of 8.122 Scheme to Defraud-Vicarious Liability (18 U.S.C. Sec. 1341, 1343, 1344, 1346): 1. Mail Fraud (18 U.S.C. Sec. 1341): This statute makes it illegal to use the U.S. mail system to carry out a scheme to defraud another person or entity. 2. Wire Fraud (18 U.S.C. Sec. 1343): This statute makes it illegal to use an interstate or foreign communication system (e.g., telephone, television, radio, or internet) to conduct a scheme to defraud another person or entity. 3. Bank Fraud (18 U.S.C. Sec. 1344): This statute makes it illegal to use a financial institution or other financial instrument to conduct a scheme to defraud another person or entity. 4. Conspiracy to Defraud (18 U.S.C. Sec. 1346): This statute makes it illegal to conspire with another person or entity to defraud another person or entity.

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FAQ

What Are the Possible Penalties for Wire Fraud? Offenders convicted under § 1343 face up to 20 years in prison, fines up to $250,000, or both. If the violation affects a financial institution or involves any benefit related to a presidentially declared major disaster or emergency as defined by the Robert T.

§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.

L. 101?73 inserted at end ?If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 20 years, or both.?

The term ?scheme to defraud? is defined as an ongoing course of conduct with the intent to defraud one or more persons.

L. 101?73 inserted at end ?If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 20 years, or both.?

Section 1343 of title 18, United States Code, is amended by inserting: ''occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connec- tion with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the

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8.122 Scheme to Defraud-Vicarious Liability (18 U.S.C. Sec. 1341, 1343, 1344, 1346