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A person commits mail or wire fraud when he intentionally participates in a scheme to defraud another person of money or property and uses mail or interstate wire communications in furtherance of that scheme. To prove mail and wire fraud, the government must prove, beyond a reasonable doubt: (1) the defendant knowing and willingly participated in the scheme or artifice to defraud with specific intent to fraud, and (2) use of the mails or interstate wire communications in furtherance of that scheme. The penalty is imprisonment for up to 20 years and a fine of up to $ 250,000. But if a financial institution is involved the penalty is imprisonment of up to 30 years and a fine of up to $ 1,000,000.
Bank Fraud (18 USCA ยง 1344)
A person commits bank fraud when he knowingly executes, or attempts to execute, a scheme (1) to defraud a financial institution; or (2) to obtain any of the monies, funds, credits, assets, securities or other property the financial institution owns, or has custody or control of, by means of false or fraudulent pretenses, representations, or promises. The penalty is a fine of up to $ 1,000,000, imprisonment of up to 30 years, or both.
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