See also USAM 985. 210 (requires prior consultation with the Public Integrity Section to use the mail or wire fraud statutes in the prosecution of election fraud cases); USAM 64. 210 Mail fraud statute history of halloween Tax Division approval before bringing mail fraud or wire fraud charges if the conduct arises under the internal revenue laws). A summary of federal wire fraud. by Sami Azhari on February 9, 2011. The law against mail fraud was already on the books at that point, but Congress wanted to extend the mail fraud provisions to cover new technology.
Like the mail fraud statute, the law against wire fraud prohibits any scheme or artifice to defraud that uses wire, 1351 Fraud in foreign labor contracting Amendments 2009 Pub. L.2(e)(2), May 20, 2009, 123 Stat.
1618, inserted and commodities after Securities in Mail fraud is defined by US law as any type of scheme involving fraud that intentionally deprives others of property or communications through the mail. It also includes wire communication, and is a federal crime that has been on the books since 1872.
There are three elements to mail and wire fraud: Intent; A" scheme or artifice to defraud" or the obtaining of property by fraud; and, A mail or wire communication. To be fraudulent, a misrepresentation must be material. Although the bank account information was solicited by phone, the fraud was initiated by mail, and can therefore be prosecuted under mail fraud laws.
Other Types of Mail Fraud The U. S. Postal Service is aware of, and offers advice for avoiding, a great number of mail fraud schemes. In 1989, the act was expanded to encompass greater punishments for mail frauds against financial institutions (note that sometimes even passing bad checks can be construed as being" fraud against financial institutions" !
) In 1990, the penalty for violating the statute was increased from 20 to 30 years. Anyone who uses the U. S. mail in an attempt to engage in fraud runs the risk of being prosecuted under the federal mail fraud law. One of the most frequently prosecuted federal laws, mail fraud is often charged by federal prosecutors because it can apply in so many situations, and because it applies to anyone who uses the mail.