Kentucky Jury Instruction - Mail Fraud - Depriving Another Of Intangible Right Of Honest Services
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FAQ
A person commits mail fraud when he engages in a scheme to defraud, with intent to defraud, and uses the mails in furtherance of that scheme. A scheme to defraud means depriving someone of property by deceitful or dishonest means.
Bank fraud: A fine of up to $1,000,000 and/or a prison sentence of up to 30 years. Mail and wire fraud: Both carry a maximum prison sentence of up to 20 years. If the scheme also involved a bank, the potential fine increases to up to $100,000: [18 U.S.C. Section 1343]
Like mail, telecommunications is an instrument of interstate commerce. That means the crime of wire fraud can be charged at the federal level. It is typically investigated by the Federal Bureau of Investigation (FBI). It is also usually investigated by the Federal Trade Commission (FTC).
It may feel even more terrifying if you are charged with a federal felony charge. That is exactly what happens if you are charged with wire or mail fraud?both serious felony charges that can result in hefty fines and long prison sentences.
The most widespread examples of wire fraud, says the FBI, are phishing, non-delivery fraud, extortion and personal data breach.
Wire fraud is a federal crime and, as such, can come with serious consequences. Committing wire fraud against most people and entities, like small businesses, carries a sentence of not more than 20 years imprisonment and fines of up to $250,000 for individuals and $500,000 for organizations.
For wire fraud violations, §2B1. 1 of the Guidelines applies. The base offense level for a § 1343 violation is 7, which provides a range of 0 to 21 months in federal prison, depending on the offender's criminal history.
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.