NCJ Number
207911
Journal
American Criminal Law Review Volume: 41 Issue: 2 Dated: Spring 2004 Pages: 865-886
Date Published
2004
Length
21 pages
Annotation
This article reviews Federal mail and wire fraud statutes, which have been used as a means of prosecuting new forms of fraud until Congress can devise more specific legislation to counter it; the focus is on the mail fraud statute because historically it has been used more often than its wire fraud counterpart.
Abstract
Under Federal law, mail fraud occurs when the mails are used in furtherance of a scheme to defraud people. Conviction for such an offense requires proof that the defendant committed a scheme to defraud, had the intent to defraud, and used a private interstate commercial carrier to further the fraud. The wire fraud statute further requires that the communication at issue crossed State lines. Defenses to alleged violations of both the mail and wire fraud statutes are discussed. One defense is the defendant's "good faith" belief that allegedly "fraudulent" representations were true when made, which negates the intent to defraud. Another defense is that the statute of limitations on the offense has expired, which is generally 5 years. To defeat such a defense, the prosecution must show that the defendant was a member of the conspiracy at some point during the 5 years preceding the indictment. In discussing the venue for prosecution, the article advises that it should be in the district where the defendant placed the letter in the mail, the district where the defendant received the letter from the mail, or the district where the defendant knowingly caused the letter to be delivered; however, for wire fraud, the mere "passing through" of a transmission is sufficient to establish venue. The concluding section of the article discusses sentencing. 153 footnotes