Mail Fraud — Elements of the Offense (18 U.S.C. Sec. 1341) is a federal crime that occurs when someone uses the U.S. Postal Service or any other private or commercial interstate carrier to execute a scheme or artifice to defraud another person or organization. The offense is punishable by fines of up to $250,000 or imprisonment of up to 20 years, or both. The statute requires the prosecution to prove the following elements beyond a reasonable doubt: 1. The defendant knowingly devised or participated in a scheme to defraud another person or organization; 2. The defendant used the U.S. Postal Service or any other private or commercial interstate carrier; 3. The defendant intended to defraud another person or organization; 4. The defendant had the intent to obtain money or property through the scheme or artifice. Types of Mail Fraud — Elements of the Offense (18 U.S.C. Sec. 1341) include: insurance fraud, credit card fraud, sweepstakes fraud, pyramid schemes, and telemarketing fraud.
Mail Fraud - Elements of the Offense (18 U.S.C. Sec. 1341)
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FAQ
It states says a person will be imprisoned for up to 20 years. In addition, any violation that impacts a financial institution can lead to a prison sentence of up to 30 years and a fine up to $1 million dollars. or both jail and a fine.
The closely related statute, 18 U.S. Code 1341 mail fraud, impose serious penalties for devising or intending to devise a scheme or engaging in fraud to obtain money or property using false or fraudulent pretenses or representations.
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. United States v.
§ 1344 defines federal bank fraud as: ?knowingly executing or attempting a scheme or artifice to defraud a financial institution, or to obtain financial institution money, funds, credit, assets, securities, or other property by false or fraudulent pretenses, representations, or promises.?
§ 1343 criminalizes the devising of (or the intent to devise) any scheme to defraud or to acquire money or property under false pretenses, by use of some form of electronic communication (wire, radio, television, internet, or even instant messages and text messages) in interstate or foreign commerce.
18 U.S.C. § 1349, entitled Attempt and Conspiracy, allows the government to prosecute cases where federal fraud was attempted but ultimately unsuccessful.
L. 101?73 inserted at end ?If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 20 years, or both.?
1994) (two elements comprise the crime of wire fraud: (1) a scheme or artifice to defraud; and (2) use of interstate wire communication to facilitate that scheme); United States v.