Kentucky Jury Instruction - Wire Fraud - Depriving Another Of Intangible Right Of Honest Services
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Overview of Mail and Wire Fraud Statutes15 16 18 U.S.C. § 1341. The statute also prohibits use of the mails in relation to ?any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article[.]? Id.
Mail Fraud is punishable by imprisonment for 20 years, a fine, or both. There are two subsets of Mail Fraud punishable by a $1,000,000 fine, 30 years' incarceration, or both.
Some examples of mail fraud include Ponzi or pyramid schemes, mail that looks as if it was government issued, and propaganda regarding lotteries or sweepstakes.
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.
Honest services fraud is defined in federal statute 18 U.S.C. §1346 as a scheme to defraud another of the intangible right to honest services through a scheme to violate a fiduciary duty by bribery or kickbacks. A fiduciary duty is a duty to act only for the benefit of the public, an employer, shareholders, or a union.
Because of its broad application, mail fraud is one of the most commonly pursued federal criminal charges. Generally defined, mail fraud occurs when someone uses the mail system in an attempt to perpetrate a fraudulent scheme.
Whoever takes any letter, postal card or package out of any post office or any authorized depository for mail matter, or from any letter or mail carrier, or which has been in the post office or authorized depository, or in the custody of any letter or mail carrier, before it has been delivered to whom it was directed, ...
Mail fraud occurs when the U.S. Mail is used in the furtherance of a criminal act. In order for a defendant to be convicted under 18 U.S.C. 1341 for committing mail fraud, the following elements must be satisfied: The defendant must have been engaged in a scheme to defraud.