ACFE Legal Elements of Fraud 3

Question 1

Under the Federal Mail Fraud Statute (18 U.S.C. § 1341), federal jurisdiction is established when:

Accepted Answer

The mails or private carriers are used in furtherance of a scheme to defraud

Answer

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:

Accepted Answer

Electronic communications in interstate or foreign commerce

Answer

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?

Accepted Answer

20 years

Answer

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:

Accepted Answer

The intangible right to honest services

Answer

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:

Accepted Answer

The federal government

Answer

The False Claims Act imposes civil and criminal liability on persons who knowingly submit false claims for payment to the U.S. federal government.

(ACFE) Association of Certified Fraud Examiners Practice Test

(ACFE) Association of Certified Fraud Examiners Practice Test

ACFE Legal Elements of Fraud 3