quantity of money or property less than the amount or quantity thereof specified in the certificate or
d. That the undelivered money or property was of a certain value.
6. Making or delivering receipt without having full knowledge that it is true.
a. That the accused was authorized to make or deliver a paper certifying the receipt from a
certain person of certain property of the United States furnished or intended for the armed forces
b. That the accused made or delivered to that person a certificate or receipt;
c. That the accused made or delivered the certificate without having full knowledge of the truth
of a certain material statement or statements therein;
d. That the act was done with intent to defraud the United States; and
e. That the property certified as being received was of a certain value.
L. 18 USC 1341 - Mail Fraud.
"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, load, exchange, alter, give away, distribute, supply, or furnish or procure for
unlawful use any counterfeit or spurious article, for the purpose of executing 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 takes or receives there from, any
such matter or thing, or knowingly causes to be delivered by mail according to the direction thereon.
or at the place to which it is directed to be delivered by the person to whom it is addressed, any such
matter or thing, shall be fined not more than
,000 or imprisoned not more than five years, or both."
This section covers a wide range of activities under "scheme or artifice" and "by means of false or
fraudulent pretenses." It does not require that the scheme be successful. It covers schemes for
money, economic benefits, and intangibles which the courts have held to be property interests. The
prosecution only has to show a scheme; it does not have to prove that the scheme worked. So, the
prosecution does not have to prove that anyone lost money or other property because of the scheme.
The prosecution must show a specific intent to defraud, but circumstantial evidence may be used to
prove the intent, using a totality of the