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§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. (Added Pub.
Huffman was accused of paying $15,000 to the scam's mastermind to raise her daughter's SAT scores. She pleaded guilty to conspiracy to commit mail fraud and honest services mail fraud. ?And I know hindsight is 20/20 but it felt like I would be a bad mother if I didn't do it,? Huffman told KABC.
Wire fraud is a federal crime that involves any scheme to defraud another person or party by means of electronic communication. It can take many forms including telemarketing fraud, internet scams, phishing, or fraudulent schemes that use television or radio.
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.
§ 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.
The federal fraud by mail or wire statutes, of which the honest services fraud statute is a part, provide for a fine or a maximum prison sentence of up to 20 years, or both. This prison sentence can be for each instance of mail or wire fraud, specifically each letter, each telephone call, and each email.
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.
An example of honest services fraud would include a mayor, an offender, who accepted a bribe from a building contractor in exchange for awarding the building contractor a city contract over competing contractor bids.