Minnesota Jury Instruction - Mail Fraud - Depriving Another Of Intangible Right Of Honest Services
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FAQ
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.
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.
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.
To be guilty of violating the honest services fraud statute, you must owe a duty of honest service to someone and have deprived that person or entity of the duty owed by accepting a bribe or kickback from another person.
1346 as a scheme to defraud another of the intangible right to honest services using a scheme to violate a fiduciary duty by bribery or kickbacks. So, what does a ?fiduciary duty? mean? It's a duty to act only for the benefit of the public, employer, shareholders, or a union.
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.
§ 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.
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.