ACFE Legal Elements of Fraud 3 — Questions and Answers
Question 1: Under the Federal Mail Fraud Statute (18 U.S.C. § 1341), federal jurisdiction is established when:
- The fraud exceeds $10,000
- The mails or private carriers are used in furtherance of a scheme to defraud (Correct answer)
- The victim is a federal employee
- The fraud crosses state lines
Correct answer: The mails or private carriers are used in furtherance of a scheme to defraud
The Mail Fraud Statute only requires that the defendant used the U.S. mail or private interstate carriers as part of executing the fraudulent scheme.
Question 2: Wire fraud under 18 U.S.C. § 1343 differs from mail fraud primarily in that it involves:
- A higher monetary threshold
- Electronic communications in interstate or foreign commerce (Correct answer)
- Only computer-based schemes
- Mandatory restitution orders
Correct answer: Electronic communications in interstate or foreign commerce
Wire fraud extends the fraud statutes to schemes using wire, radio, or television communications transmitted in interstate or foreign commerce.
Question 3: What is the maximum federal prison term for a single count of wire fraud under 18 U.S.C. § 1343?
- 5 years
- 10 years
- 20 years (Correct answer)
- 30 years
Correct answer: 20 years
Wire fraud carries a maximum sentence of 20 years per count, increasing to 30 years when the fraud affects a financial institution.
Question 4: The 'honest services' theory of fraud, recognized in 18 U.S.C. § 1346, covers schemes that deprive citizens or employers of:
- Tangible property only
- The intangible right to honest services (Correct answer)
- Government benefits
- Intellectual property rights
Correct answer: The intangible right to honest services
Section 1346 extends mail and wire fraud to cover deprivation of the intangible right to honest services, typically applied to bribery and kickback schemes.
Question 5: The False Claims Act (31 U.S.C. § 3729) primarily addresses fraud against:
- Private insurance companies
- State governments only
- The federal government (Correct answer)
- Foreign governments
Correct answer: The federal government
The False Claims Act imposes civil and criminal liability on persons who knowingly submit false claims for payment to the U.S. federal government.
Question 6: A 'qui tam' lawsuit under the False Claims Act allows:
- Only the Attorney General to sue
- Private citizens (relators) to sue on behalf of the government and share in any recovery (Correct answer)
- Corporations to sue competitor companies
- Foreign nationals to pursue U.S. fraud claims
Correct answer: Private citizens (relators) to sue on behalf of the government and share in any recovery
Qui tam provisions let private whistleblowers (relators) file suit on the government's behalf and receive 15–30% of recovered funds.
Question 7: Which element distinguishes criminal fraud from civil fraud in most U.S. jurisdictions?
- The amount of financial loss
- The burden of proof standard — beyond a reasonable doubt vs. preponderance of evidence (Correct answer)
- Whether the victim is an individual or corporation
- The geographic scope of the scheme
Correct answer: The burden of proof standard — beyond a reasonable doubt vs. preponderance of evidence
Criminal fraud requires proof beyond a reasonable doubt, while civil fraud is proven by a preponderance of the evidence (more likely than not).
ACFE Legal Elements of Fraud 3
Under the Federal Mail Fraud Statute (18 U.S.C. § 1341), federal jurisdiction is established when: