NCJ Number
227161
Journal
American Criminal Law Review Volume: 46 Issue: 2 Dated: Spring 2009 Pages: 813-836
Date Published
2009
Length
23 pages
Annotation
This article provides an overview of the prosecution of offenses under the Federal mail and wire fraud statutes, with attention to elements of the offense, defenses against charges brought under Federal mail and wire fraud statutes, and sentencing under the statutes.
Abstract
Congress enacted the mail fraud statute with the initial purpose of securing the integrity of the U.S. Postal Service. Similarly, the wire fraud statute was enacted to respond to the protection required against schemes that used wires, specifically radio and television. Mail and wire fraud statutes have been expanded to include a number of modes of communication, such as facsimile, telex, modem, and Internet transmissions. In addition, the statutes provide Federal jurisdiction over a broad array of frauds. Subsequent congressional action has both broadened the scope of the mail and wire fraud statutes and enhanced the criminal penalties for offenses prohibited under the statutes. Currently, in order to be convicted of a mail or wire fraud offense, the government must show beyond a reasonable doubt that the defendant perpetrated a scheme to defraud that includes a material deception with the intent to defraud, while using the mails, private commercial carriers, and/or wires in furtherance of that scheme. The scheme must also have resulted or would have resulted in the loss of money or property or the deprivation of honest services. Two defenses to alleged violations of mail and wire fraud statutes are described. One defense is a defendant’s good faith belief that allegedly “fraudulent” representations are true. Another defense relies on the statute of limitations, which is generally 5 years for mail and wire fraud schemes. The article’s concluding section discusses sentencing in general under mail and wire fraud statutes and enhanced penalties for telemarketing fraud. 165 notes