EXAM 5 Fed Law 08-08-14 Flashcards
INTRA STATE
WITHIN A STATE OR DC
EPO 22
Crimes that cross state lines and stolen from one state and taken to another is an example of
-Interstate Transportation and Communication
EPO 22
18 USC 1341 Frauds and Swindles
FELONY
-any person, intentionally,
-Use the US mail or an interstate carrier or
-cause the US mail or an interstate carrier to be used
-in furtherance of a scheme to defraud
PENALTIES
5 YR IN PRISON OR $250,OOO FINE FOR EACH VIOLATION
-30 yr in prison and 1million fine, if scheme affects a financial institution
EPO 22 B
-Each use of mail = 1 count of 18 USC 1341
-bad guy mails false solicitation=1 count,
-victim mails check= 1 count
-victim can be person, business, federal, state, or local gov
MUSTT BE
1 INTENT
2 SCHEME OR ARTIFICE TO DEFRAUD
3 USE OR CAUSE THE USE OF MAILS OR INTERSTATE CARRIER
4 IN FURTHERANCE OR IN SUPPORT OF THE SCHEMES
22 C
INTENT TO DEFRAUD
Most challenging- subjective
-Must prove D intent to defraud his victims
-Loss not due to mistake, bad businessperson, advice of counsel
EST through totality of circumstance, targets acts, words and omissions
-Not defined by statue, generally by courts
-Plan to obtain something of value including services from another thru false pretense, representations or promises,
-Misstatement or omission of a material fact
is the intentional presentation of falsehoods as truth with the goal of causing someone to part with something of value under false pretense
-used by dishonest means, injury to, or loss of property resulting from the use of deceit, trickery, chicanery or overreaching ie. order good with no intention of paying for them
Fraud
- example of what, mailing of goods by the victimized seller to the defendant would constitute a 2nd count of, there is no requirement the defendant even intends or even know, the mail will be used, can take steps to avoid using the mail and still violate the statue,
- ie. defendant hand deliver a fraudulent claim to insurance agent can be prosecuted for (can be liable for a mailing which he did not place in the mail to be used and the mailing was in furtherance of the overall scheme to defraud
- can be intrastate solely within one state as the mailing include US mail or interstate carrier from a victim in Manhatttan to defendant in Brooklyn NY= 1 count
-mail fraud under 18 USC 1341
EPO 22 D
18 USC 1343
WIRE FRAUD
- (common wore trans) FELONY MUST CROSS STATE LINE OR INTERNATIONAL BOARDER
- cell phone, telephone, internet, faxes, wire money transfers, radio, tv, others
- intentionally, devise a fraudulent scheme and use or cause an interstate wire transmission to be used, in furtherance or support of the scheme
- 5 yrs up to 250K fine for each or 30 years
wire fraud
Each use of wire, radio = 1count
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EPO 23
18 USC 2314 The National Stolen Property act
- National Stolen Property Act or ITSP= 10 year Felony
- interstate transport of property stolen or taken by fraud valued at minimum $5k or more
- induce a person to travel interstate to defraud them of $5k
- interstate transport of falsely made or forged or counterfeit security (no threshold) money or furniture, or anything
- transportation in interstate or foreign commerce
- Knowing the same to have been stolen, converted or taken by fraud
EPO 23 B
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1 D
Use of the Mails or interstated carrier
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1 E
INcan be after the original fraud furtherance of scheme
assist in executing the scheme
-need ot be essential to the scheme
-need not be to or from victim
CAN BE AFTER THE ORIGINAL FRAUD
- LULLING LETTERS
- STATUE OF LIMITATIONS STARTS FRIM LAST ACT INCLUDING LULLING LETTERS
- however generally non lulling letter mailing after the fraud is complete do not count as a sep charge under the statue (ie. invoice, sent by credit card company for payment
EPO 24
ID and apply the elements of Title 18 USC 641
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