Mail and Wire Fraud (From White-Collar Crime: Fifth Survey of Law, P 931-954, 1989, Andrew J. Gildea, ed. -- See NCJ-120557)

• NCJ Number: 120574
• Journal: American Criminal Law Review Volume: 26 Issue: 3 Dated: (Winter 1989) Pages: 931-954
• Author(s): G Lynn
• Date Published: 1989
• Length: 24 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

Federal criminal mail fraud statutes are identified, along with the elements of prosecutable offenses under the statutes.

Abstract

The elements of mail fraud under Section 1341 of Title 18 of the United States Code are discussed in detail, along with changes brought about through legislative action and Supreme Court rulings. The application of the statute to mail fraud involving intangible rights is discussed, with the conclusion that certain intangible property rights are protected under Section 1341. Additionally, Congress added a new section 1364 to Title 18 in 1988 that includes intangible rights among those protected under the statute from schemes or artifices to defraud. Defenses asserted in mail or wire fraud cases are identified, and the article concludes that the mail fraud statute must remain strong and broad in order to combat the ever-inventive schemes of American con artists. 168 footnotes.