Washington Jury Instruction - Wire Fraud - Depriving Another Of Intangible Right Of Honest Services
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FAQ
Yes, technically you can go to jail for some breaches of fiduciary duty, such as theft, fraud, and embezzlement.
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.
Wire fraud occurs when someone uses wire, radio, or television communications to defraud others. This can include sending false information in order to obtain money or property, or sending threats to harm another person. Wire fraud is punishable by up to 20 years in prison, and can result in a fine of up to $250,000.
1993) (to prove wire fraud government must show (1) scheme to defraud by means of false pretenses, (2) defendant's knowing and willful participation in scheme with intent to defraud, and (3) use of interstate wire communications in furtherance of scheme); United States v. Maxwell, 920 F.
A fiduciary duty is a duty to act only for the benefit of the public, an employer, shareholders, or a union. The statute was created by congress as a response to the governments limitation in its use of the wire fraud statute.
It's possible they can even include cable communication. "Fraud" involves the use of intentional deception for monetary or personal gain. Like mail, telecommunications is an instrument of interstate commerce. That means the crime of wire fraud can be charged at the federal level.
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.
§ 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.