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Notary007
60 Posts |
 Posted - 07/22/2011 : 3:17:53 PM
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If you suspect you are a victim of wire fraud, a federal crime, report it to your nearest FBI office by looking up the phone number on the FBI web site at www.fbi.gov/contact-us/field If the suspect is in another city, your local FBI office can take your report and forward it to that other office. As more fraud reports arrive from notaries in different cities, it will get their higher attention.
Keep good records, they may be useful as evidence later. Try to use email when communicating, rather than phone, so you have written records. When you use the phone, store notes of the conversation on your computer, rather than scribbled on paper.
As a notary, you should be helping to prevent and report fraud, not ignoring it. As a notary, you are a credible witness. As a public official, I think you should report fraud to regulators and law enforcement. Report the bad guys.
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Notary007
60 Posts |
Posted - 07/20/2011 : 1:19:27 PM
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If you have been defrauded and not received payment for your services, and someone used interstate phone, fax or email to defraud you, you may wish to consider the following, and discuss it with your legal counsel or law enforcement.
Under federal law, 18 USC §1343, Wire Fraud is a felony crime, punishable by fine, or up to twenty (20) years in prison, or both.
Under US Code, Title 18, Section 1343, it is illegal to use a wire, radio or television communication in “interstate commerce” to further a scheme to defraud another person, or to obtain money or property by false or fraudulent pretenses. Wire Fraud is closely related to the federal Mail Fraud law, with the primary difference being the means used to defraud.
A “wire” is basically an electronic means of communication. Telephones, fax lines, internet connections and email all qualify as wires under the Wire Fraud law. Using any of these devices to further a fraudulent scheme may result in prosecution for Wire Fraud.
As with all federal crimes, the law requires the Government to prove certain facts, or “elements,” beyond a reasonable doubt, in order to convict a person of Wire Fraud. The elements are:
1. intentionally devising or participating in a scheme to defraud another of money or property, using false or fraudulent pretenses, representations, or promises;
2. an intent to defraud;
3. it was reasonably foreseeable that wire communications would be used in the scheme; and
4. interstate wire communications were actually used.
The Government is not required to prove that an actual fraud took place. A person may be found guilty of Wire Fraud even if he did not complete the crime, or was otherwise unsuccessful in his attempt, or if the victim did not lose any money.
Proving fraudulent intent may be accomplished by showing:
1. the defendant’s own actions and any incriminating statements he may have made;
2. testimony from the alleged victims that the defendant attempted to mislead them, or made false statements to them;
3. proof that the defendant was “willfully blind” to the fraudulent purpose of the scheme, usually characterized by a reckless disregard of whether the representations made in furtherance of the scheme were true or false.
This information is for educational, research and discussion purposes only. It is not legal advice. It should not be used or considered as legal advice or legal opinion.
Has anyone looked into filing criminal charges of wire fraud against parties that fail to pay for services rendered, and show no intent to pay? Since accused parties are considered innocent until proven guilty, I suggest not posting any names here. |
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Federal Wire Fraud, 18 USC 1343
