Federal Criminal Law Federal Fraud Statues

Question 1

What is 18 USC 1341?

Answer 1

Mail Fraud
Any person who;
2. Intentionally;
3. Devises a fraudulent scheme, and;
4. Uses or causes the mails to be used;
5. In furtherance or in support of the scheme

Question 2

What are the 3 essential parts to National Stolen Property Act?

Answer 2

Transporting stolen property in commerce
Travel Fraud
Transporting counterfeit securities in commerce

Question 3

What are securities?

Answer 3

Checks
Deeds
Money Order
Stock/Bonds
Travel Checks

Question 4

What are not securities?

Answer 4

Airline tickets
Credit Cards
Credit Card Slips
Leases

Question 5

What are lulling letters?

Answer 5

Letters sent out in attempt to prevent the victim from reporting the fraud.

Question 6

How do fraud counts work when using the mail?

Answer 6

Each mailing is another violation of mail fraud.

Question 7

Does the mailing need to be made for the purpose of supporting the scheme?

Answer 7

Yes, but it does not have to:
Contain the scheme
Be the essential par of the scheme
Occur at the same time as the scheme

Question 8

If someone uses private mail carriers (UPS or FEDex) can that still be charged with mail fraud?

Answer 8

Yes.

Question 9

If Big Bird used the mail or an interstate carrier 10 times in furtherance of a scheme to defraud, how many mail fraud counts would that be?

Answer 9

10, each time constitutes a chargeable count of mail fraud.

Question 10

How many counts of mail fraud would it be if D placed a order by mail for tacti cool backpack but never had any intention of paying, then the store mailed the tacti cool backpack to D.

Answer 10

Two counts total under 18 USC 1341.
Its not required for the defendant to actually use the mail just needs to be reasonably foreseeable that the mail would be used.

Question 11

Can a defendant be criminally liable for a mailing which they did not personally place in the mail, and which by itself does not contain a false representation?

Answer 11

Yes. It is sufficient under the statute that the defendant caused the mail to be used and that the mailing was in furtherance of the overall scheme to defraud.

Question 12

Are mailings made after the fraudulent scheme has reached fruition chargeable?

Answer 12

No.

Question 13

What does the wire fraud statue require for forming the basis of the charge?

Answer 13

That the signal or wire transmission forming the basis of the charge MUST cross state lines.

Question 14

If a dude called his next-door neighbor by telephone (intrastate), which is in furtherance of his fraud scheme, would you be able to charge him with 18 USC 1343 Wire Fraud?

Answer 14

No because it was not an interstate call. The signal or wire transmission did not cross state line.

Question 15

If Big Bird called Mr. I need support in the chest, who are neighbors, in furtherance of his fraud scheme, would you be able to charge him with 18 USC 1343 if that call connected to a tower in another state?

Answer 15

Yes! It would be sufficient to establish the interstate connection, even if the call was made to a person living next door.

Question 16

What was the National Stolen Property Act 18 USC 2314 created for?

Answer 16

To federalize thefts and frauds that crossed state lines.

Question 17

What does the Interstate Transport of Stolen Property or “ITSP” prohibit in the first paragraph?

Answer 17

The interstate transportation of stolen, converted or fraudulently obtained goods.

Question 18

Under paragraph one in the Interstate Transport of Stolen property what are the elements?

Answer 18

1. Transportation on interstate or foreign commerce;
2. Of any goods, wares, merchandise, *securities or money valued at $5,000 or more;
3. Knowing the same to have been stolen, converted, or taken by fraud.

Question 19

What does the Interstate Transport of Stolen Property or “ITSP” prohibit in the second paragraph?

Answer 19

Prohibits “travel fraud” causing potential victims of a fraudulent scheme to travel in interstate or foreign commerce in furtherance of or to conceal the scheme.

Question 20

Under the second paragraph in the Interstate Transport of Stolen property what are the elements?

Answer 20

1. Transportation of or inducement of a person to travel in interstate or foreign commerce;
2. For the purpose of defrauding that person of money or property valued at $5,000 or more

Question 21

What does the Interstate Transport of Stolen Property or “ITSP” prohibit in the third paragraph?

Answer 21

Prohibits the transportation of falsely made, forged, altered or counterfeited securities or tax stamps in interstate and foreign commerce.

Question 22

Under the third paragraph in the Interstate Transport of Stolen property what are the elements?

Answer 22

1. Transport in interstate or foreign commerce
2. Falsely made, forged, altered, or counterfeited securities or tax stamps;
3. With unlawful or fraudulent intent;
4. Knowing the securities or tax stamps to be forged, altered or counterfeited

Question 23

In what district can a subject be indicted for mail fraud?

Answer 23

District where the matter was placed in the mail, any district through which it travels, or the district in which it is received by the addressee.

Question 24

In what district can a subject be indicted for wire fraud?

Answer 24

The districts from which the transmission was sent, through which it passed, and in which it was received.

Question 25

In what district can ITSP be charged?

Answer 25

Districts from which the stolen items or victims originated, through which they traveled, and in which they completed their journey.