Hawaii Jury Instruction - Wire Fraud - Depriving Another Of Intangible Right Of Honest Services
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FAQ
Differences Between Mail Fraud and Wire Fraud The key difference between mail fraud and wire fraud is the type of communication that is used to further the fraudulent scheme. Mail fraud uses the U.S. Postal Service or any private or commercial interstate carrier, while wire fraud uses electronic communications.
§ 1341) requires intent ?to deceive and cheat[.]? (emphasis in original). However, for purposes of other statutes, such as conspiracy to defraud the United States (18 U.S.C. § 371), intent to defraud only requires intent to deceive, not to cheat.
United States, 2010) Thus, honest services fraud involves three entities: Someone offering a bribe or kickback; Someone accepting the bribe or kickback; and. A victim?someone deprived of the intangible right of honest services due to the bribe or kickback.
What is Wire Fraud? Wire fraud is a criminal act of fraud or an attempt to commit fraud with the aid of some form of electronic communication ? such as a telephone or computer ? and/or communication facility. It is the means of communication used in a fraud scheme that distinguishes wire fraud from mail fraud.
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.
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.
Fraudulent intent is shown if a representation is made with reckless indifference to its truth or falsity.? Intent can be reasoned from statements, conduct, victim testimony, and complaint letters, all of which can help demonstrate that the perpetrator knew that victims were being misled.
§ 1343 criminalizes the devising of (or the intent to devise) any scheme to defraud or to acquire money or property under false pretenses, by use of some form of electronic communication (wire, radio, television, internet, or even instant messages and text messages) in interstate or foreign commerce.