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Thanks for that link, it's interesting to see how the fbi operates. What always confuses me is how liberally the feds use "Wire Fraud" 1343. In the report I do

Thanks for that link, it's interesting to see how the fbi operates. What always confuses me is how liberally the feds use "Wire Fraud" 1343. In the report I don't see evidence of Lin trying to obtain money fraudulently through the internet cabling. But over and over I see "Wire Fraud" 1343 tacked on if there is any computer abuse type charges. It must be super easy to get a conviction of Wire Fraud (/ impossible to defend yourself).

tinus_hn 9y ago
Wire fraud requires either a ‘scheme to defraud’ or ‘obtaining money or property by fraudulent pretenses’. So the money part is not required. If proven it’s just an easy way to get higher sentences and thus more leverage in making plea deals.
- ransom1538 9y ago
  "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, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any" It must be for property or money. I am not following. When did Lin try to gain money or property using fraud? It just doesn't make sense to 'throw on wire fraud' - the charge in the US is more serious than rape or kidnapping. https://www.law.cornell.edu/uscode/text/18/1343 https://www.law.cornell.edu/uscode/text/18/1343
  - JumpCrisscross 9y ago
    It’s a criminal complaint. Also, “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” parses as a “any scheme or artifice to defraud” or the obtaining of money or property. The three part test is intent, a “wire” (i.e. Internet) communication and that “or” test. He intentionally logged into her Internet accounts, and sent emails from them, while fraudulently claiming to be her. Disclaimer: I am not a lawyer. This is not legal advice nor advice of any kind. Do not commit wire fraud.
  - manicdee 9y ago
    Stealing bank account details and using them perhaps?
bradleyjg 9y ago
The affidavit doesn't lay out the case for wire fraud or several of the other mentioned offenses. They are only mentioned as a passing reference to all the crimes for which the FBI is investigating Lin. Only the cyber-stalking count is discussed in full.

tinus_hn 9y ago

Wire fraud requires either a ‘scheme to defraud’ or ‘obtaining money or property by fraudulent pretenses’. So the money part is not required. If proven it’s just an easy way to get higher sentences and thus more leverage in making plea deals.

ransom1538 9y ago
"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, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any" It must be for property or money. I am not following. When did Lin try to gain money or property using fraud? It just doesn't make sense to 'throw on wire fraud' - the charge in the US is more serious than rape or kidnapping. https://www.law.cornell.edu/uscode/text/18/1343 https://www.law.cornell.edu/uscode/text/18/1343
- JumpCrisscross 9y ago
  It’s a criminal complaint. Also, “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” parses as a “any scheme or artifice to defraud” or the obtaining of money or property. The three part test is intent, a “wire” (i.e. Internet) communication and that “or” test. He intentionally logged into her Internet accounts, and sent emails from them, while fraudulently claiming to be her. Disclaimer: I am not a lawyer. This is not legal advice nor advice of any kind. Do not commit wire fraud.
- manicdee 9y ago
  Stealing bank account details and using them perhaps?

bradleyjg 9y ago

The affidavit doesn't lay out the case for wire fraud or several of the other mentioned offenses. They are only mentioned as a passing reference to all the crimes for which the FBI is investigating Lin. Only the cyber-stalking count is discussed in full.