1323
ElementsSecond Paragraph of 18 U.S.C. § 2314
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The elements of the offense contained in the second paragraph of 18
U.S.C. § 2314 are that defendant: (1) devised or intended to devise a
scheme
or artifice to defraud or obtain money or property by false or fraudulent
pretenses, representations, or promises; (2) transported or caused to be
transported or induced any person to travel in or be transported in
interstate
or foreign commerce; (3) in the execution or concealment of a scheme or
artifice
to defraud that person of money or property having a value of $5,000 or
more.
The essence of this offense is the interstate transportation of the
victim. It does not require an actual loss of property by the victim.
See United States v. Benson, 548 F.2d 42 (2d Cir. 1977). The
provision does not require a specific intent to defraud a specific
individual as
it requires only proof of a general intent to defraud. See United
States v. Kelly, 569 F.2d 928 (5th Cir. 1978). The government does not
have
to prove that the victim relied on the false representations and was
deceived by
them. See United States v. Reina, 446 F.2d 16 (9th Cir.
1971).
[cited in USAM 9-61.200] | |