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Honest services fraud is a crime defined in 18 U.S.C. § 1346 (the federal mail and wire fraud statute), added by the United States Congress in 1988. [1] The idea of this law was to criminalize not only schemes to defraud victims of money and property, but also schemes to defraud victims of intangible rights such as the "honest services" of a public official.
Conspiracy against the United States, or conspiracy to defraud the United States, [1] is a federal offense in the United States of America under 18 U.S.C. § 371.The statute originated under a federal law enacted in 1867 that was codified in the Revised Statutes of the United States in 1874, [2] in a subsequent codification of federal penal statutes in 1909, [3] and ultimately in the United ...
The amended subsection (a) of 31 U.S.C. § 3729 effectively reverses the Allison Engine decision, weakening the requirement to "a false record or statement material to a false or fraudulent claim", where a claim includes "any request or demand" related to a government program and which will be paid from funds supplied by the government. [14] [15]
Mail fraud was first defined in the United States in 1872. 18 U.S.C. § 1341 provides: Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use ...
(6) knowingly and with intent to defraud traffics (as defined in section 1029) in any password or similar information through which a computer may be accessed without authorization, if— (A) such trafficking affects interstate or foreign commerce; or (B) such computer is used by or for the Government of the United States;
Under the "intent to reward" prong, the majority of circuits permit prosecutions for mere gratuities, [49] but some do not. [50] Because "organization" is defined as non-governmental and "local government" is defined as a subdivision of a state, public officials of federal territories cannot be prosecuted under § 666. [51]
Intent is an element of the offense; under New York law, the defendant's "intent" is his or her "conscious objective or purpose." [3] The law does not require prosecutors to show that the defendant intended to cause a pecuniary or commercial loss (i.e., depriving a victim of money or property). [4]
Section 380(1) of the Criminal Code provides the general definition of fraud in Canada: 380. (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any ...