Mail Fraud; Money / Property or Honest Services is a type of fraud that involves the use of the U.S. mail system to defraud victims out of money, property, or honest services. This type of fraud is prohibited by federal law under 18 U.S. Code § 1341. There are two primary types of Mail Fraud; Money / Property fraud and Honest Services fraud. Money / Property fraud involves the use of the mail to solicit money or property from victims. This can include activities such as sending out false invoices or phony sweepstakes winnings in an attempt to get money from the victim. Honest Services fraud involves the use of the mail to defraud victims of their right to honest services. This can include activities such as sending fraudulent contracts or other documents in an attempt to obtain services without paying for them. Mail Fraud; Money / Property or Honest Services can be prosecuted in the federal court system. If convicted, those who commit this type of fraud can face serious criminal penalties, such as hefty fines and jail time.
Mail Fraud; Money / Property or Honest Services
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FAQ
The essential elements of conspiracy to commit mail fraud or wire fraud in violation of 18 U.S.C. § 371, are (1) an agreement between two or more persons; (2) to commit mail fraud or wire fraud; and (3) an overt act committed by one of the conspirators in furtherance of the conspiracy.
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.
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.
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.
Generally defined, mail fraud occurs when someone uses the mail system in an attempt to perpetrate a fraudulent scheme. The fines and prison time a person charged with this federal crime faces are daunting to say the least.
In a mail fraud prosecution, the government need not prove that the scheme actually injured victims, or was even carried out completely. It's not even necessary that the victim of the scheme had knowledge of its existence. The scheme and intent to defraud are enough.
What is Honest Services Fraud? Honest services fraud is defined in US Code Title 18 Section 1346, the same statute used to define federal mail fraud and wire fraud. It is ?a scheme or artifice to deprive another of the intangible right of honest services.?