The mail and wire fraud statutes are identical except for the particular method used to disseminate the fraud, and contain three elements. Eclectic Properties East v. Marcus & Millichap Co., 751 F. 3d 990 (9th Cir. 2014).
To obtain a conviction for mail fraud under § 1341, the government must prove "(1) a scheme to defraud; (2) the use of the mails to execute the scheme; and (3) the specific intent to defraud." US v. Grace, (5th Cir. 2014).
In order to meet 18 U.S.C. § 1341's jurisdictional requirement, use of the mails "need not be an essential element of the scheme." Schmuck v. United States, 489 U.S. 705, 710, 109 S.Ct. 1443, 103 L.Ed.2d 734 (1989) (citing Pereira v. United States, 347 U.S. 1, 8, 74 S.Ct. 358, 98 L.Ed. 435 (1954)). It will suffice if the mails are merely "incident to an essential part of the scheme." Id. The use of the mails may also be merely "a step in [the] plot." Id. at 711, 109 S.Ct. 1443 (quoting Badders v. United States, 240 U.S. 391, 394, 36 S.Ct. 367, 60 L.Ed. 706 (1916)). In addition, the defendant need not personally effect the mailing. It is sufficient that the defendant "cause" the mailing, or "act with knowledge that the use of the mails will follow in the ordinary course of business, or where such use can reasonably be foreseen, even though not actually intended." Pereira, 347 U.S. at 8-9, 74 S.Ct. 358 (quoting United States v. Kenofskey, 243 U.S. 440, 37 S.Ct. 438, 61 L.Ed. 836 (1917)). US v. Traxler, 764 F. 3d 486 (5th Cir. 2014).
"In order to prove a violation of 18 U.S.C. § 1341, there must be a showing of a specific intent to defraud. The intent to defraud may be inferred from a defendant's statements and conduct." United States v. Peters, 962 F.2d 1410, 1414 (9th Cir.1992). In the absence of direct evidence of intent, the party asserting fraud must first prove "the existence of a scheme which was reasonably calculated to deceive persons of ordinary prudence and comprehension," and then, "by examining the scheme itself" the court may infer a defendant's specific intent to defraud. United States v. Green, 745 F.2d 1205, 1207 (9th Cir.1984) (internal quotation marks omitted) (quoting United States v. Bohonus, 628 F.2d 1167, 1172 (9th Cir.1980)). Eclectic Properties East v. Marcus & Millichap Co., ibid.
THIS CASEBOOK contains a selection of 32 U. S. Court of Appeals decisions that analyze and discuss issues related to mail and wire fraud. The selection of decisions spans from 2011 to the date of publication.