| Fraudulent misrepresentations and schemes to | | | | Section 1341, is titled Frauds and Swindles, and it |
| defraud which use the United States mail to | | | | is commonly referred to as the mail fraud statute. |
| further that fraudulent conduct, can be | | | | Title 18, U.S. Code, Section 1341 reads as follows |
| prosecuted as mail fraud. Also, another commonly | | | | (in summary)... |
| used federal law to prosecute misrepresentations | | | | MAIL FRAUD |
| and frauds is the statute known as "wire fraud." | | | | Whoever |
| The United States Attorney Office will seek an | | | | 1) having devised, or intending to devise any |
| Indictment (a charging document formally charging | | | | scheme or artifice to defraud,or |
| the person with a crime) for mail fraud when the | | | | 2) for obtaining money or property by means of |
| prosecution believes it has evidence of any fraud | | | | false or fraudulent pretenses, representations, or |
| scheme that uses the mail systems to make that | | | | promises, or to sell, dispose of, loan |
| fraud scheme function. There is no specific | | | | 3) something of value or some item and |
| requirement for the type of fraudulent scheme | | | | 4) places in any post office or authorized |
| that has to be alleged by the U.S. Attorney | | | | depository for mail matter |
| Office, only that there is some kind of fraud or | | | | 5) any item to be delivered by interstate |
| misrepresentation wherein the U.S. mails or | | | | carriershall be fined or imprisoned for not more |
| commercial carriers are used to mail an item | | | | than 20 years, or both. |
| related to the scheme, such as a check, a | | | | WIRE FRAUD |
| contract, an application for credit, property | | | | The violation of wire fraud is also a commonly |
| valuations, etc. Originally, the mail fraud statute | | | | used criminal law used to prosecute people for |
| required some type of use of the U.S. mail; now, | | | | committing fraud while using wire communications |
| the statute requires the use of either the U.S. mail | | | | that travel interstate or internationally. |
| or any mail carrier in an attempt to carry out the | | | | Under Title 18, United States Code, Section 1014, |
| fraud. | | | | it is a federal crime to commit fraud using a wire |
| The United States Attorney Office will also seek | | | | communication that travels in interstate or foreign |
| an Indictment alleging wire fraud when it believes | | | | commerce. 18 U.S.C. 1343 reads as follows |
| that the evidence will support any type of | | | | Fraud by Wire, Radio or Television (Wire Fraud) - |
| scheme to defraud that uses interstate wire | | | | Whoever |
| communications further the fraud scheme. Wire | | | | 1) having devised, or intending to devise any |
| communications utilized by persons who were | | | | scheme or artifice to defraud, or |
| engaged in a scheme to defraud are often the | | | | 2) for obtaining money or property by means of |
| following: wire transfers of monies to or from a | | | | false or fraudulent pretenses, representations, or |
| financial institution; electronic mail (e-mail) | | | | promises |
| communications; facsimile (FAX) transmissions; | | | | 3) transmits, or causes to be transmitted, by |
| and radio or television communications. | | | | wire, radio or television communication in |
| The United States Code contains federal crimes | | | | interstate or foreign commerce, |
| that are prosecuted by the Department of | | | | 4) any writings, signs, signals, pictures, or sounds |
| Justice or its field offices, the United States | | | | 5) for the purpose of executing the scheme or |
| Attorney Offices, in respective districts in the | | | | artificeshall be or imprisoned for more than 20 |
| different states. Title 18, United States Code, | | | | years, or both. |