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