Mail and Wire Fraud (From Techniques in the Investigation and Prosecution of Organized Crime - Materials on RICO, P 120-153, 1980, G. Robert Blakey, ed. - See NCJ-78839)

• NCJ Number: 78844
• Author(s): E Shaw
• Date Published: 1980
• Length: 34 pages
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: Available in microfiche from NCJRS as NCJ-78839.

Annotation

The application of the Racketeer Influenced and Corrupt Organizations Act (RICO) to mail and wire fraud is discussed.

Abstract

The Federal mail and wire fraud statutes are incorporated into RICO. The statutes are in pari materia, so the courts interpret them similarly. Mail fraud contains the elements of intent to execute a scheme or artifice to defraud and the use of the mails to execute the fraudulent scheme. The state of mind element has three criteria; intent as to result, recklessness as to the truth or falsity of representations, and negligence as to the use of mails. The finder of fact infers state of mind from circumstantial evidence. Each use of the mails is a separate offense. Defendants themselves need not place the letter in the mail or take it from the mail, so long as they cause the mail to be used in the fraudulent scheme. The mailing must also be in furtherance of the scheme, and the mailing must occur before the scheme's completion, with the exception of the lulling letters, and it must be primarily related to the scheme. Criminal liability for a multimember mail fraud scheme is determined by the principles of conspiracy, whether or not conspiracy is charged. Land sale fraud is a typical mail and wire fraud scheme. The RICO statute imposes both criminal and civil liability upon such organized illegal activity. A total of 124 footnotes are listed. (Author summary modified)