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Criminal Resource Manual 1007 Fraud

1007

Fraud

The statute does not define the phrase "obtained by fraud." Fraud is defined by nontechnical standards and is not to be restricted by any common-law definition of false pretenses. One court has observed, "[t]he law does not define fraud; it needs no definition; it is as old as falsehood and as versatile as human ingenuity." Weiss v. United States, 122 F.2d 675, 681 (5th Cir. 1941), cert. denied, 314 U.S. 687 (1941). The Fourth Circuit, reviewing a conviction under 18 U.S.C. § 2314, also noted that "fraud is a broad term, which includes false representations, dishonesty and deceit." See United States v. Grainger, 701 F.2d 308, 311 (4th Cir. 1983), cert. denied, 461 U.S. 947 (1983).

[cited in USAM 9-46.100]

Updated February 19, 2015