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I. Conspiracy! A. 18 USC 371! 1. an agreement! 2. an unlawful object! 3. knowledge and intent! 4. an overt act! Mail & Wire Fraud! A. 18 USC 1341 (Mail), 1342 (Wire)! 1. a scheme devised or intending to defraud money or property (deprive intangible right of honest services)! 2. intent! a) Does not require actual defrauding, only that some actual harm or injury was contemplated by the schemer! 3. materiality! 4. in furtherance of the scheme! a) a mailing! b) by the " or caused to be mailed by the "! c) in furtherance of a scheme to defraud! (1) To be in furtherance focus on persons intent, must be nexus between scheme to defraud and mailingSchmuck! B. Limitations to in furtherance! 1. imperative duty imposed by state! 2. mailing prior to commencement of the scheme to defraud! 3. mailing after fruition of scheme to defraud! C. 1346 (Honest Services)! 1. only applies to bribes or kickback schemes- Skilling v US! D. Intangible Property! 1. There is no requirement that property rights be tangible ! a) Condential information is considered intangible property- Carpenter v US! 2. State and municipal licenses have been found not to constitute property- Cleveland v US! 3. Browsing on computer is not mail fraud- Czubinski! Obstruction of Justice! A. 18 USC 1503! 1. corruptly or by threats or force! a) showing of any attempt to inuence a juror or court ofcer! 2. endeavored! a) only necessary that the accused endeavored to obstruct justice! (1) " should have reasonably foreseen that the natural and probable consequence of the success of his scheme would achieve obstruction! 3. to inuence, obstruct, or impede, the due administration of justice! a) a pending proceeding! b) accused had notice of! c) that the accused intended to inuence, obstruct, or impede! (1) natural and probable effect would be the interference! 4. Nexus! a) Ex. establish a nexus between the false statement and the obstruction of justice! Bribery & Extortion! A. 18 USC 201 Bribery of Public Ofcials & Witnesses! 1. 201(b)(1) Bribery! a) Something of value was given, offered, or promised ! (1) actual value not necessary value which the " subjectively attaches to the item received"! b) to a fed public ofcial! c) corruptly to inuence an ofcial act! 2. 201(c) Gratuities! a) does not require proof of quid pro quo! 3. Foreign Corrupt Practices Act! a) criminalizes payments to foreign ofcials if! (1) Inuences a foreign ofcial to act or in a ofcial capacity! (2) induce act or omission in violation of ofcial duties! (3) or secure some wrongful advantage! (4) nexus if the result is or intended to gain some business! b) Prosecution of only those who bribe foreign ofcials- US v Castle! B. Hobbs Act! 1. 18 USC 1951! a) interference with commerce! b) robbery or extortion! 2. Under color of ofcial right (alternative basis to claim extortion)! a) quid pro quo is necessary for a conviction that is predicated upon receiving campaign contributions- McCormick! b) Public ofcial has obtained a payment to which he was not entitled, knowing that the payment was made in return for ofcial acts- Evans v US! RICO! A. 18 USC 1961 - 1968! B. Essence! 1. pattern of prohibited activities! 2. an enterprise! 3. engaged in or the activities of which affect commerce! C. 1962 Prohibited Activities! 1. invested in! 2. maintained an interest in! 3. participated in the affairs of an enterprise! a) Inuenced the conduct of the enterprise! 4. conspired to engage in conduct constituting a pattern of racketeering activity or collection of an unlawful debt! a) Does not require an overt act! Pattern! 1. requires two predicate acts! a) 9 state offenses! 2. pattern of racketeering requires continuity! a) substantial period of time or;! b) threat of continued! 3. Relatedness of act! a) same or similar results victims, purpose, or methods! E. Enterprise 1961(4)! 1. individual, partnership, corporation, association, or other legal entity! 2. Non-legal association in fact Boyle v US! a) purpose! b) relationship among those associated with the enterprise! c) longevity sufcient to permit these associates to pursue the enterprises purpose! d) ascertainable structure! 3. corporation separate from individual Kushner v King! 4. Enterprise doesn't need economic motive- NOW v Scheidler! F. Engaged in or substantially affect interstate commerce! 1. substantially affect could be as little as telephone calls across state lines! G. Nexus! 1. 1962(a)(b) no need for nexus! 2. 1962(c) operation or management test! VI. False Statements! A. 18 USC 1001! 1. a statement! 2. falsity! a) Literally true statements US v Hixon! 3. materiality! a) a natural tendency to inuence, or be capable of inuencing the decision! 4. made knowingly and willfully! a) Knowledge! (1) reckless disregard of truth or conscious avoidance! b) Willfully! (1) proof " intended to deceive! 5. Within Exec, Jud, Leg Gov! VII. Perjury and False Declarations! A. 18 USC 1621 (perjury)! 1. under oath! 2. before tribunal, ofcer, or person! 3. material statement! a) whether the statement was capable of inuencing! 4. with knowledge of its falsity! B. Perjury requires 2 witnesses or 1 + corroborating evd! C. 18 USC 1623 (fd)! 1. under oath! 2. before court or GJ! 3. made a false! 4. material statement! 5. with knowledge of its falsity! D. fd can use inconsistent statements! E. fd recantation defense! F. 18 USC 6002 Immunity! 1. specically exempts perjury or fd! VIII. Currency Reporting & Money Laundering! A. Bank Secrecy Act! 1. 31 USC 5313 ! a) structuring reporting $10,000! b) met when gov shows " intended to evade- Ratzlaf! 2. nancial institution 31 USC 5312! B. 26 USC 6050I & Form 8300! 1. 6050I is applicable to trades or businesses that receive $10,000 cash! a) Fee information is not privileged for the 8300 form- US v Sindel! b) Must disclose when not under exceptions of legal advice, last link, and condential communications! C. Money Laundering! 1. Simply because funds were procured lawfully does not mean that they cannot be converted into an unlawful use- Yusuf! IX. Regulatory! A. Strict Liability! 1. 33 USC 401 Rivers and Harbors Appropriations Act! a) Mens rea is not required to violate 33 USC 407 (strict liability offense)- White Fuel! B. Willfulness! 1. No knowledge proviso! 2. There is no requirement for the alleged act to include moral turpitude! C. Knowingly! 1. Willful blindness is equivalent to knowledge! 2. In order to use willful blindness individual had to perform afrmative act to be blind of conduct- Global Tech! 3. criminal liability provision in Clean Air Act 112(c) requires knowledge only of the emissions themselves, not knowledge of the statute or of the hazards the emissions pose.- US v Buckley! 4. Bronx Reptiles Inc! D. Negligently! 1. Ordinary negligence may be subject to criminal penalties- US v Hanousek! D.
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