9-43.000 - Mail Fraud And Wire Fraud
9-43.100 | Prosecution Policy Relating to Mail Fraud and Wire Fraud |
9-43.300 | Statement of Policy concerning Venue in Mail Fraud Prosecutions |
9-43.100 - Prosecution Policy Relating to Mail Fraud and Wire Fraud.
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]