FRAUD: WIRE FRAUD, MAIL FRAUD, AND
SIMILAR OFFENSES QUIZ WITH COMPLETE
QUESTIONS AND ANSWERS [GRADED A+]
Fraud - the voluntary taking of money or property from another person using lies or
deception
Interstate Commerce - it doesn't need to have some meaningful impact on the national
economy. Instead, its enough for the act to involve travel between states, something or
someone traveling interstate
ex: an individual steals cars, violating a state law that punishes car theft. but if the individual
drives the stolen cars across state lines to sell them, then that is a federal crime.
, Mail Fraud and Wire Fraud - the two most frequently charged fraud statutes as well as
the two most frequently charged of all federal crimes
- the use of "the mails" or of "interstate wires" transforms what would otherwise be state frauds
into federal offenses.
In a mail or wire fraud case, the government must prove: - 1) scheme to defraud
2) material misstatements or omissions
3) intent (or purpose) to defraud
4)resulted, or would result in the loss of money, property, or honest services
5) the US mail, a private courier, or interstate or international wires
a) were used "in furtherance" of the scheme to defraud
b) the defendant used, or cause the use, of the US mail, a private courier service, or interstate
or international wires
Scheme to Defraud - -Must be a "scheme"
-Must be "to defraud" (must be based on a lie or deception, representations can be literally
true, but if told in a way that is deceiving then they are fraudulent. can be affirmative
representation or omission, "puffery" is not enough)
SIMILAR OFFENSES QUIZ WITH COMPLETE
QUESTIONS AND ANSWERS [GRADED A+]
Fraud - the voluntary taking of money or property from another person using lies or
deception
Interstate Commerce - it doesn't need to have some meaningful impact on the national
economy. Instead, its enough for the act to involve travel between states, something or
someone traveling interstate
ex: an individual steals cars, violating a state law that punishes car theft. but if the individual
drives the stolen cars across state lines to sell them, then that is a federal crime.
, Mail Fraud and Wire Fraud - the two most frequently charged fraud statutes as well as
the two most frequently charged of all federal crimes
- the use of "the mails" or of "interstate wires" transforms what would otherwise be state frauds
into federal offenses.
In a mail or wire fraud case, the government must prove: - 1) scheme to defraud
2) material misstatements or omissions
3) intent (or purpose) to defraud
4)resulted, or would result in the loss of money, property, or honest services
5) the US mail, a private courier, or interstate or international wires
a) were used "in furtherance" of the scheme to defraud
b) the defendant used, or cause the use, of the US mail, a private courier service, or interstate
or international wires
Scheme to Defraud - -Must be a "scheme"
-Must be "to defraud" (must be based on a lie or deception, representations can be literally
true, but if told in a way that is deceiving then they are fraudulent. can be affirmative
representation or omission, "puffery" is not enough)
