![]() The following example helps to illustrate what this means. Your deceptive representations have to go to the very nature of the bargain. The prosecutor can’t prove that you intended to defraud without proving that you also intentionally tried to cause someone a loss or injury. ![]() It’s enough for the prosecutor to show that you considered the potential harm and injury the person could suffer.īut it’s not enough for the government to simply prove that you had the intent to deceive someone. It’s important to point out that actually defrauding someone isn’t required for a conviction for wire fraud. Acting with “intent to defraud” means intentionally using false or fraudulent communications or statements to cause a loss or injury to another. To prove wire fraud/mail fraud, the government also has to prove that you had an intent to defraud. you transmitted or caused to be transmitted by wire/mail some communication in interstate commerce to help carry out (in furtherance of) the scheme to defraud.you acted with the intent to defraud and.the false pretenses, representations, or promises were about a material fact.You knowingly devised or participated in a scheme to defraud someone by using false or fraudulent pretenses, representations, or promises.To prove wire fraud charges or mail fraud, the government has to prove four essential elements beyond a reasonable doubt: The federal statute includes an element requiring an interstate communication that is not required in a state organized fraud prosecution. Organized fraud is a state criminal charge which is basically Florida’s version of mail and wire fraud.Īt the federal level, there is an additional element in a scheme to defraud prosecution. Wire fraud and mail fraud are federal criminal offenses prosecuted by federal prosecutors and are considered white-collar crimes. Wire fraud and mail fraud are basically the same fraud offense, the only difference being what type of communication is used in the commission of the crime -a “wire communication” in a case of wire fraud and the mail in a case of mail fraud.
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