Mail Fraud & ITSP Flashcards
Does mail have to cross state lines in order for person to be charged with Mail fraud?
NO, so long as the US mail or other interstate carrier is used
Does the defendant have to use the mail system in order to be charged with mail fraud?
NO, victim can be the one who used the mail as long as it was reasonably foreseeable that the victim would do so (an an interstate carrier is used)
Does the wire transmission have to be used in order for someone to be charged with Wire Fraud?
YES, it MUST travel across state lines
What Section of the crimes code is the ITSP?
Section 2314
What are the requirements for Interstate Transportation of Stolen Goods?
- Transportation in Interstate (or foreign)
- Goods valued at $5,000 or more
- Knowing that they were stolen
For paragraph 3 or Section 2314, what does the meaning of the word “Securities” NOT include?
Does NOT include US Treasury checks
What does a check have to do under paragraph 3 of the ITSP (section 2314) in order to qualify under this section?
It has to travel through the interstate process as part of the banking process of cashing it. Must meet the interstate requirements
Where is venue proper in a mail fraud or ITSP case?
Origination, Destination and anywhere in between
What section of the criminal code is the Mail Fraud Statute found under?
Section 1341
What section of the criminal code is the Wire Fraud Statute found under?
Section 1343
