Matthew Simpson and others created and operated a series of corporate entities to defraud telecommunications companies, creditors, credit reporting agencies, and others. Through these entities, Simpson and the others used routing codes and spoofing services to make long-distance calls appear to be local. They stole other firms’ network capacity and diverted payments to themselves. They leased goods and services without paying for them. To hide their association with their corporate entities and with each other, they used false identities, addresses, and credit histories, and issued false bills, invoices, financial statements, and credit references. Did these acts constitute mail and wire fraud?
The two elements of a criminal act are 1. _ and 2. _.
- actus reus and 2. mens rea.
What is Simpson’s actus reus- guilty act?
using codes and spoofing services to make long-distance calls appear local
What is Simpson’s mens rea- mental state?
intent to overcharge customers to make a profit
Criminal law is
statutory law.
If convicted of mail fraud, what are Simpson’s possible criminal punishments?
fines and imprisonment
If Simpson’s actions constitute a crime it would be
a white collar crime.
If Simpson’s actions constitute mail fraud, it is a __ crime.
federal
If Simpson is arrested and goes to trial on mail fraud charges, the state will have to prove _ that he committed the act with intent in order to get a conviction.
beyond a reasonable doubt
Simpsons actions _ constitute a “scheme” or plan to use communications to defraud the public.
do
Mail fraud requires some sort of communication system. Which one(s)did Simpson use?
telephone
Evidence of Simpson’s intent can be found in 1. and 2. ___.
- the payments he made to himself and 2. his false identifications.
Based on his actions and evidence of intent, Simpson _ commit mail and wire fraud.
did
What if Simpson and his friends went door to door, collecting prepayments for their services – would that constitute mail fraud?
No
What requirement of mail fraud would be missing?
use of the communications
