Massachusetts Jury Instruction - Mail Fraud - Depriving Another Of Intangible Right Of Honest Services
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FAQ
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, ...
Honest Services fraud under Title 18 U.S. Code 1346 is a federal crime involving the misuse of an individual's position or authority for personal gain or advantage. It can be committed by public officials, corporate officers, and private individuals with fiduciary duties to another person or entity. Since 18 U.S.C.
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.
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.
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.
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.
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.
"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)." Schmuck v. United States, 489 U.S. 705, 721 n.