Mail Fraud: Depriving Another of an Intangible Right of Honest Services 18 U.S.C. Sec. [1341] and 1346 Independent Contractors or Other Private Sector Contractual Relationship Besides Employer/Employee is a type of mail fraud committed by someone in a contractual relationship with a private-sector entity other than an employer-employee relationship. This type of mail fraud includes any acts of deception or fraud that are committed using the mail or other forms of interstate communication, such as wire transfers. The act of mail fraud deprives another of an intangible right of honest services, such as an employer's right to honest, faithful, and loyal services from their employees. The types of mail fraud that fall under this statute include bribery, kickbacks, conflict of interest, and self-dealing. Bribery is an illegal payment or other consideration given to someone in order to influence or secure a business transaction. Kickbacks are payments made to someone in exchange for their assistance in obtaining or influencing a business transaction. Conflict of interest is when someone has a financial or personal interest in a decision they are making. Self-dealing is when someone takes advantage of their position to benefit themselves. All of these types of mail fraud are criminal offenses and punishable by up to 20 years in prison and/or a fine of up to $250,000. The U.S. Department of Justice has made prosecuting mail fraud a priority and is committed to holding those who commit this type of fraud accountable.
Mail Fraud: Depriving Another of an Intangible Right of Honest Services 18 U.S.C. Sec. [1341] and 1346 Independent Contractor or Other Private Sector Contractual Relationship Besides Employer/Employee
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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.
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.
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.
Honest services fraud is ?a scheme or artifice to deprive another of the intangible right of honest services,? as defined in the related federal statute. It is an extension of mail or wire fraud. As there is no clear definition of ?honest services,? the courts reserve the right to define and limit the statute.
§ 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.
"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.
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.?
§1346. Definition of "scheme or artifice to defraud" For the purposes of this chapter, the term "scheme or artifice to defraud" includes a scheme or artifice to deprive another of the intangible right of honest services.