Texas Jury Instruction - Mail Fraud - Depriving Another Of Intangible Right Of Honest Services
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"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.
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. The scheme need not involve an affirmative misrepresentation or lie.
United States, 2010) Thus, honest services fraud involves three entities: Someone offering a bribe or kickback; Someone accepting the bribe or kickback; and. A victim?someone deprived of the intangible right of honest services due to the bribe or kickback.
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, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any ...
1343?Elements of Wire Fraud. The elements of wire fraud under Section 1343 directly parallel those of the mail fraud statute, but require the use of an interstate telephone call or electronic communication made in furtherance of the scheme.
California Penal Code 502 California makes it illegal to use a computer, email, computer system or computer network to defraud someone or wrongfully obtain money, property or data. Additionally, it is illegal to use any of the above for the purpose of: Takes, copies, or makes use of any data or supporting documentation.
The United States Code Section 1341 provides punishment for anyone involved in an attempt to fraud or swindle who places in a post office to mail any material to be delivered by the Postal Service. It also includes any commercial interstate carrier in an attempt to fraud or swindle.