18 U.S.C. § 1341 · A outline

A · Element outline

Labels preserve the recorded AND / OR / EXCEPTION / DEFENSE structure.

Claim structure

Expression key: & = AND; | = OR; ! = exclusion / negation. Parentheses preserve grouping.

18usc1341:property-fraud

scheme & property & materiality & intent & mails & furtherance

Core ordinary property-fraud offense; all elements require proof beyond a reasonable doubt. The separately enumerated counterfeit/spurious-article limb of section 1341 is not modeled by this claim. Section 1346 honest-services fraud is a separate cross-referenced theory, not a way to label every intangible interest property. Penalty enhancements and ancillary liability are outside this core catalogue.

Constraints

Identify sufficient domestic conduct when a cross-border scheme is alleged

Second Circuit domestic-application holding in a civil RICO case; do not replace ordinary furtherance with this core-component formulation in every domestic prosecution.

Law modes, protocols and effects

law

Law kind: substantive

Statute text with element anchors

Overlapping highlights link to the first element; the anchor key links every associated element. All offsets refer to unchanged source text.

§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, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, 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 deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier 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 under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both. (June 25, 1948, ch. 645, 62 Stat. 763 ; May 24, 1949, ch. 139, §34, 63 Stat. 94 ; Pub. L. 91–375, §(6)(j)(11), Aug. 12, 1970, 84 Stat. 778 ; Pub. L. 101–73, title IX, §961(i), Aug. 9, 1989, 103 Stat. 500 ; Pub. L. 101–647, title XXV, §2504(h), Nov. 29, 1990, 104 Stat. 4861 ; Pub. L. 103–322, title XXV, §250006, title XXXIII, §330016(1)(H), Sept. 13, 1994, 108 Stat. 2087 , 2147; Pub. L. 107–204, title IX, §903(a), July 30, 2002, 116 Stat. 805 ; Pub. L. 110–179, §4, Jan. 7, 2008, 121 Stat. 2557 .)
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Element outline