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Maine 4.18.1344 Bank Fraud, 18 U.S.C. Sec. 1344(1), (2)

Category:
Federal - Jury Instructions - District Court - Criminal
State:
Maine
Control #:
ME-FEDDC-JURY-4-18-1344
Format:
Word
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Official Pattern Jury Instructions for Criminal Cases in Federal District Court of Maine. All converted to Word format. Please see the official site for addional information. http://www.med.uscourts.gov/pattern-jury-instructions

Maine 4.18.1344 Bank Fraud, 18 U.S.C. Sec. 1344(1), (2), is a federal criminal offense that involves the intentional misuse of financial institution funds or services. This law prohibits any person from knowingly executing or attempting to execute any scheme or artifice to defraud a financial institution, or to obtain any of the money or property owned by or under the control of a financial institution by means of false or fraudulent pretenses, representations, or promises. This offense can be committed through a variety of methods, such as check kiting, embezzlement, and false loan applications. The penalties for conviction under this law vary, but may include fines and/or imprisonment. There are two types of Maine 4.18.1344 Bank Fraud, 18 U.S.C. Sec. 1344(1), (2), : (1) Bank Fraud, and (2) Conspiracy to Commit Bank Fraud.

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FAQ

Federal Code Provision for Bank Fraud 18 U.S.C. § 1344 states that anyone who knowingly executes a scheme in order to defraud a financial institution to obtain money or property from a financial institution using fraudulent representations, will face imprisonment and fines.

§ 371?Conspiracy to Defraud the United States. The general conspiracy statute, 18 U.S.C. § 371, creates an offense "if two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose.

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any

The essential elements of Wire Fraud are the existence of a fraudulent scheme, and the use of interstate telephone or other electronic communications to execute, or attempt to execute, that scheme.

Section 1344 of Title 18, United States Code, covers any scheme to defraud occurring on or after October 12, 1984. The statutory language is modeled directly after the mail fraud statute.

(the four essential elements of the crime of wire fraud are: (1) that the defendant voluntarily and intentionally devised or participated in a scheme to defraud another out of money; (2) that the defendant did so with the intent to defraud; (3) that it was reasonably foreseeable that interstate wire communications

Any person who attempts or conspires to commit any offense under this chapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.

"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.

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