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>C O M P U T E R U N D E R G R O U N D<
>D I G E S T<
*** Volume 1, Issue #1.18 (June 25, 1990) **
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MODERATORS: Jim Thomas (Sole moderator: Gordon Meyer on vacation)
REPLY TO: TK0JUT2@NIU.bitnet
COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
information among computerists and to the presentation and debate of
diverse views.
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DISCLAIMER: The views represented herein do not necessarily represent the
views of the moderators. Contributors assume all responsibility
for assuring that articles submitted do not violate copyright
protections.
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***************************************************************
*** CuD, Issue #1.18 / File 3 of 5 /Title 18 USC Sect 1343 ***
***************************************************************
%We asked Mike Godwin to forward a copy of Title 18 USC %section% 1343
because it is the basis of eight of the 11 counts (the other 3 allege
violations of section 2314).
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18 USC 1343:
Sec. 1343. Fraud by wire, radio, or television
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, transmits
or causes to be transmitted by means of wire,
radio, or television communication in interstate or
foreign commerce, any writings, signs, signals, pic-
tures, or sounds for the purpose of executing such
scheme or artifice, shall be fined not more than
$1000 or imprisoned not more than five years, or
both.
[Ed. note: This statute was modelled on the mail-fraud statute,
18 USC 1341:]
Sec. 1341. Frauds and swindles
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, distrib-
ute, supply, or furnish or procure for unlawful use
any counterfeit or spurious coin, obligation, securi-
ty, or other article, or anything represented to be
or intimated or held out to be such counterfeit or
spurious article, for the purpose of executing such
scheme or artifice or attempting so to do, places in
any post office or authorized depository for mail
matter, any matter or thing whatever to be sent or
delivered by the Postal Service, or takes or receives
therefrom, any such matter or thing, or knowingly
causes to be delivered by mail according to the
direction thereon, or at the place at which it is
directed to be delivered by the person to whom it is
addressed, any such matter or thing, shall be fined
not more than $1,000 or imprisoned not more than
five years, or both.
------------------------
Please note the breadth of the statutes. They're primarily designed to
enable federal jurisdiction in larger-scale crimes, since almost everybody
committing a crime ultimately ends up using the mails or the phone system
or both. Are there any limits to federal jurisdiction at all? Maybe, but
they're pretty tenuous. The leading cases delimiting mail fraud (and, by
extension, wire fraud) are:
Parr v. U.S., 363 U.S. 370 (1960)
U.S. v. Maze, 414 U.S. 395 (1974)
U.S. v. Tarnopol, 561 F.2d 466 (3d Circuit 1977)
Schmuck v. U.S., 109 S.Ct. 1443 (1989)
Maze is a particularly useful discussion. Not only is then-Justice
Rehnquist's majority opinion instructive on the (possible) limits of mail
fraud, but then-Chief Justice Burger's dissent is helpful in understanding
the tactical significance of mail-fraud counts--it explains how and why
such counts are so often included in federal prosecutions of NEW types of
crime.
--Mike
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