Mail Fraud and Wire Fraud

Mail Fraud and Wire Fraud


http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/43mcrm.htm

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Prosecutions of fraud ordinarily should not be undertaken if the scheme employed consists of some isolated transactions between individuals, involving minor loss to the victims, in which case the parties should be left to settle their differences by civil or criminal litigation in the state courts. Serious consideration, however, should be given to the prosecution of any scheme which in its nature is directed to defrauding a class of persons, or the general public, with a substantial pattern of conduct.

See also USAM 9-85.210 (requires prior consultation with the Public Integrity Section to use the mail or wire fraud statutes in the prosecution of election fraud cases).

Further guidance and legal analysis of issues surrounding the investigation and prosecution of frauds involving use of the mail or wire, in violation of Title 18, United States Code, Sections 1341 and 1343 can be found in the Criminal Resource Manual:

Investigative Authority Criminal Resource Manual at 939

18 U.S.C. Section 1341—Elements of Mail Fraud Criminal Resource Manual at 940

18 U.S.C. 1343—Elements of Wire Fraud Criminal Resource Manual at 941

The Scheme and Artifice to Defraud Criminal Resource Manual at 942

No Loss or Gullible Victims Criminal Resource Manual at 943


Proof of Scheme and Artifice to Defraud Criminal Resource Manual at 944

McNally and Intangible Rights Criminal Resource Manual at 945

Tangible Versus Intangible Property Rights Criminal Resource Manual at 946

Fiduciary Duty Criminal Resource Manual at 947


Intent to Defraud Criminal Resource Manual at 948


Proof of Fraudulent Intent Criminal Resource Manual at 949


Use of Mailings and Wires in Furtherance of the Execution of the Scheme Criminal Resource Manual at 950

Proof of Mailings and Transmissions Criminal Resource Manual at 951

Use of Private or Commercial Interstate Carriers Criminal Resource Manual at 952

Use of a Wire Communication in Interstate or Foreign Commerce Criminal Resource Manual at 953

Lulling Letters, Telegrams and Telephone Calls Criminal Resource Manual at 954

Expanding Uses of the Mail and Wire Fraud Statutes in Prosecutions Criminal Resource Manual at 955

RICO Prosecutions—18 U.S.C. §§ 1961-68 Criminal Resource Manual at 956

Money Laundering—18 U.S.C. §§ 1956 & 1957 Criminal Resource Manual at 957

Fraud Affecting a Financial Institution Criminal Resource Manual at 958

Ten-year Statute of Limitations Criminal Resource Manual at 959

More Severe Sanctions, Including Forfeiture Criminal Resource Manual at 960

Civil Actions for Mail and Wire Frauds and Use of Grand Jury Information Criminal Resource Manual at 961

Criminal Penalties for Disclosure of Grand Jury Subpoenas Criminal Resource Manual at 962

Telemarketing Fraud Criminal Resource Manual at 963

Credit Card Frauds Criminal Resource Manual at 964

Conspiracy to Violate the Mail Fraud or Wire Fraud Statutes Criminal Resource Manual at 965

Venue in Mail Fraud Criminal Resource Manual at 966

Venue in Wire Fraud Criminal Resource Manual at 967

Defenses—Statute of Limitations Criminal Resource Manual at 968

Defenses—Good Faith Criminal Resource Manual at 969

Drafting a Mail Fraud and/or Wire Fraud Indictment Criminal Resource Manual at 970

Sufficiency of Indictment—Generally Criminal Resource Manual at 971

Sufficiency of Indictment—Victims and Loss Criminal Resource Manual at 972

Sufficiency of Indictment— Mailings or Transmissions in Furtherance of Scheme Criminal Resource Manual at 973

Sufficiency of Indictment—Separate Offenses Criminal Resource Manual at 974

Sufficiency of the Indictment—Special Considerations Criminal Resource Manual at 975

[cited in USAM 6-4.210; Criminal Resource Manual 1313]



9-43.300



Statement of Policy concerning Venue in Mail Fraud Prosecutions



Department of Justice policy opposes mail fraud venue based solely on the mail matter passing through a jurisdiction. See the Criminal Resource Manual at 966 (mail fraud venue) and 967 (wire fraud venue).

[cited in USAM 9-61.210; Criminal Resource Manual 966]