mail fraud

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A summary of federal wire fraud

February 9, 2011

The federal statute on wire fraud is Title 18, United States Code, Section 1343. Congress passed the wire fraud statute in 1952 as part of the Communications Act Amendment. The law against mail fraud was already on the books at that point, but Congress wanted to extend the mail fraud provisions to cover new technology. [...]

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A summary of securities fraud

December 27, 2010
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A federal case for securities fraud typically begins with an investigation by the Securities and Exchange Commission (SEC). The SEC is responsible for regulating financial markets through the enforcement of two federal acts: Securities Act of 1933. This act requires generally that all securities offered for sale must be registered. The seller must provide registration [...]

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Mail fraud charges under federal law

December 11, 2010
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Of all the federal charges filed by the United States Attorney, probably the most frequently used charge in white collar criminal cases would be mail fraud. The mail fraud statute is Title 18, United States Code, Section 1341. The reason for its prevalence in white collar prosecutions is that it applies to almost any scheme [...]

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The statute of limitations defense for federal crimes

December 5, 2010
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A criminal charge is like a civil lawsuit in one respect, the time limit for filing against the defendant. The federal statute of limitations that applies to criminal charges says that once 5 years has passed from the commission of the offense, the federal government is barred from filing charges. The federal statute of limitations [...]

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Federal court jurisdiction over criminal conduct

December 2, 2010
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Many people believe that crossing state lines is what determines whether conduct can result in federal criminal charges. However, the issue of federal jurisdiction is more complicated than that. Activity that occurs in one state can be subject to federal prosecution. Understanding federal criminal jurisdiction requires a look back at history. The United States is [...]

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Summary of federal criminal charges relating to bankruptcy

November 28, 2010
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Bankruptcy is subject to the exclusive jurisdiction of federal courts. A person cannot declare bankruptcy in state court. Federal law controls the procedure for filing bankruptcy, disclosing assets and liabilities, and reorganizing or discharging debts. During the course of a bankruptcy, certain misconduct can constitute a criminal offense. For example, hiding assets, signing a false [...]

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