NCJ Number
178092
Journal
American Criminal Law Review Volume: 36 Issue: 3 Dated: Summer 1999 Pages: 881-900
Date Published
1999
Length
20 pages
Annotation
Federal mail and wire fraud laws are discussed with respect to their use by Federal prosecutors, the elements of an offense, the available defenses, venue considerations, and sentencing issues.
Abstract
Prosecutors have used these laws widely to cover the full range of frauds as well as blackmail, counterfeiting, and other crimes. The laws have also served as stopgap devices to permit the prosecution of new kinds of fraud until Congress enacts laws to cope with them. The three elements of a mail fraud are: (1) a scheme to defraud, (2) the intent to defraud, and (3) the use of the United States mails or a private interstate commercial carrier to further that scheme. The wire fraud law further requires that the communication cross State lines. The two defenses to alleged violations are the good-faith defense and the statute of limitations. The action that establishes venue must relate to the use of the mails or wires. Penalties include fines, prison terms, or both. The Federal Sentencing Guidelines cover sentences in the provisions titled "Offenses Involving Fraud and Deceit." Each mailing can constitute a separate count of mail fraud. Footnotes