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WCC Final Exam Review Questions and Answers
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WCC Final Exam Review Questions and Answers
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WCC Final Exam Review Questions andAnswers
General definition of fraud - Correct Answer ✅-Voluntary
taking of money or property from another using lies or
deception
-Key is that the victim voluntarily chose to give their money
or property to the defendant
Reasons why we charge fraud - Correct Answer ✅-Moral
reason: as a society we generally accept lying as wrong and
that people who lie shouldn't be rewarded
-Practical reason: fraud ruins the finances of victims and costs
taxpayers millions of dollars per year
-Justifications for punishment: in our best interest to stop
fraudulent schemes before they're completed to punish those
who commit fraud so that it doesn't happen again
State vs. federal jurisdiction over fraud cases - Correct
Answer ✅-Most crimes are charged at the state level
-In most cases, federal government has jurisdiction only if the
criminal act affected "interstate commerce"
-Federal government tends to take bigger cases with more
complex charges; state crimes are more personal and are
,WCC Final Exam Review Questions and
Answers
frequently confined to a single discrete act that occurs within
the state or local government's borders
What constitutes interstate commerce? - Correct Answer
✅-Doesn't need to have meaningful impact on national
economy
-Enough for the act to involve travel between states,
transportation of goods from one state to another, or some
other element that involves something or someone traveling
interstate
Why do federal courts have jurisdiction over mail and wire
fraud cases? - Correct Answer ✅Interstate commerce relies
on the lawful functioning of the mails and the wires; thus, a
fraudulent scheme that involves the use of mailings or wire
communications/transfers affects interstate commerce such
that there is federal jurisdiction
Elements of mail and wire fraud - Correct Answer ✅1.
Defendant engaged in a scheme to defraud
2. The scheme involved material misstatements or omissions
,WCC Final Exam Review Questions and
Answers
3. The defendant acted with the specific intent (or purpose)
to defraud
4. The scheme resulted, or would result upon completion, in
the loss of money, property, or honest services
5. The US mail, a private courier, or interstate or international
wires (a) were used "in furtherance" of the scheme to
defraud, and (b) the defendant used, or caused the use, of
the United States Mail, a private courier service, or interstate
or international wires
What is a "scheme to defraud" - Correct Answer ✅-
Affirmative misrepresentation or omission of material fact
that goes to the basis of the bargain itself
-Scheme to lie is not sufficient, need to prove that it is a lie
directed toward the object of the transaction
What does materiality mean in the context of mail and wire
fraud? - Correct Answer ✅-Misrepresentation of material
fact is germane to the transaction and not an irrelevant lie
-Does not necessarily mean "believable"
-Does not necessarily mean successful
, WCC Final Exam Review Questions and
Answers
-United States v. Moleski: Defendant prepared fake financial
documents, lie was immediately see-through, defendant
argued not material but court found that it didn't matter
whether the lies were bad
What is an intent to defraud? - Correct Answer ✅-Must
prove defendant acted with specific intent to defraud a victim
-Usually this is evidenced through inferences based on the
facts
-An intent to be fraud can be proved through statements that
people should know fundamentally differ from reality or
actions they would otherwise have no reason to do
-United States v. Keller: Keller claimed to have cure for
cancer, no direct evidence of specific intent but Keller could
not have possibly sincerely believed in in his bizarre methods
for treating for cancer, facts indicated that Keller knew his
treatment was ineffective
What constitutes a use of "mail or wire" in the context of mail
and wire fraud? - Correct Answer ✅-Mail: Use of U.S. mail
(postal service) or any commercial interstate carrier
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