NCJ Number
40395
Journal
DIRECT MARKETING MAGAZINE Volume: 37 Issue: 5 Dated: (SEPTEMBER 1974) Pages: 56,58 & 60
Date Published
1974
Length
3 pages
Annotation
THIS ARTICLE PROVIDES GUIDELINES FOR THE MAIL-ORDER BUSINESSMEN ON THE CIVIL AND CRIMINAL MAIL FRAUD LAWS, THE PENALTIES INVOLVED FOR MAIL FRAUD OFFENSES, AND WAYS TO AVOID COMMITTING CIVIL AND CRIMINAL MAIL FRAUD.
Abstract
THE AUTHOR NOTES THAT TO ESTABLISH A CIVIL VIOLATION, THE GOVERNMENT MUST SHOW THAT A PROMOTER IS SEEKING REMITTANCE OF MONEY OR PROPERTY BY MAIL AND THAT THE MAIL CONTAINS EXPRESS OR IMPLIED MISREPRESENTATION OR IS RELATED TO A LOTTERY OR OTHER FORM OF GAMBLING. IMPLICATIONS OF THIS LAW FOR THE COMMON PRACTICE OF 'PUFFING' (MAKING SLIGHTLY EXAGGERATED CLAIMS ABOUT MERCHANDISE) ARE DISCUSSED, AND THE FINE DIFFERENCES BETWEEN PUFFING AND MISREPRESENTATION ARE NOTED. THE PROCESS OF IMPLEMENTING CIVIL MAIL FRAUD HEARINGS AND IMPOSING CIVIL PENALTIES ARE ALSO REVIEWED. THE CRIMINAL MAIL FRAUD STATUTE REQUIRES THAT THE MAIL BE USED IN ANY FACET OF THE FRAUD OR IN AN ATTEMPT TO DEFRAUD. SEVERAL EXAMPLES OF BOTH CIVIL AND CRIMINAL FRAUD CASES ARE PROVIDED TO ILLUSTRATE THE GUIDELINES....DMC