4 ms·

"conspiracy to access a protected computer without authorization, conspiracy to commit wire fraud, and wire fraud" Ah yes. They are charged with "using electr

"conspiracy to access a protected computer without authorization, conspiracy to commit wire fraud, and wire fraud" Ah yes. They are charged with "using electronic communications or digital networks to obtain money based on false representation or promises." Remember fraudsters: If you just meet these people at a McDonalds you wont be charged with a crime. Do not use mail or wires and watch the government squirm. https://www.justice.gov/archives/jm/criminal-resource-manual-941-18-usc-1343-elements-wire-fraud https://www.justice.gov/archives/jm/criminal-resource-manual...

dgacmu 6y ago
For it to be a federal crime there (typically) needs to be an inter-state aspect to it. It's typically very easy to show that the communication crossed state lines if it was over the Internet, which removes jurisdictional challenges. If you defraud your local grocery store with your coordination meetings in a local mcdonalds, it's _probably_ a state crime. () () (1) there are many ways a crime can slip into federal jurisdiction; (2) IANAL, so don't take advice from me when you're about to commit fraud.
- free_rms 6y ago
  Amazon operates in all 50 states. For it to be a federal crime, there just needs to be federal interest. They can make it a federal crime if they're interested.
  - frank2 6y ago
    That's not true. To pick the first example I was able to find: In United States v. Lopez, ___ U.S.____, 115 S.Ct. 1624 (1995), the Supreme Court invalidated, as beyond the powers of Congress under the Commerce Clause, the Gun Free School Zone Act, which criminalized the possession of a firearm within 1000 feet of a school. https://www.justice.gov/archives/jm/criminal-resource-manual-1112-constitutionality-carjacking-statute https://www.justice.gov/archives/jm/criminal-resource-manual...
    - free_rms 6y ago
      I'm not a lawyer but I'm super willing to bet that someone who embarasses both Amazon and the FBI is gonna wind up with a federal rap and very few friends to fight it.
  - IncRnd 6y ago
    For it to be a federal crime, there just needs to be federal interest. They can make it a federal crime if they're interested. Federal Interest doesn't define the jurisdiction of the Federal laws.
gruez 6y ago
>Do not use mail or wires and watch the government squirm. Why? Presumably because the state prosecutors are poorly funded compared to federal prosecutors?
- httpsterio 6y ago
  No, because border crossing crimes are federal crimes and carry a much heftier penalty. In this case, talking about doing something like this wouldn't even be criminal if done orally but digitally it is.
  - sk5t 6y ago
    Verbally planning out a crime sounds like criminal conspiracy to me. Just harder to make the case if no evidence is generated.
staticman2 6y ago
Not sure if you are being sarcastic but the federal government, if it wants to go after you, will say any crime involves electronic communications or digital networks either directly or indirectly.
- deleted 6y ago
  [deleted]

dgacmu 6y ago

For it to be a federal crime there (typically) needs to be an inter-state aspect to it. It's typically very easy to show that the communication crossed state lines if it was over the Internet, which removes jurisdictional challenges. If you defraud your local grocery store with your coordination meetings in a local mcdonalds, it's _probably_ a state crime. () () (1) there are many ways a crime can slip into federal jurisdiction; (2) IANAL, so don't take advice from me when you're about to commit fraud.

free_rms 6y ago
Amazon operates in all 50 states. For it to be a federal crime, there just needs to be federal interest. They can make it a federal crime if they're interested.
- frank2 6y ago
  That's not true. To pick the first example I was able to find: In United States v. Lopez, ___ U.S.____, 115 S.Ct. 1624 (1995), the Supreme Court invalidated, as beyond the powers of Congress under the Commerce Clause, the Gun Free School Zone Act, which criminalized the possession of a firearm within 1000 feet of a school. https://www.justice.gov/archives/jm/criminal-resource-manual-1112-constitutionality-carjacking-statute https://www.justice.gov/archives/jm/criminal-resource-manual...
  - free_rms 6y ago
    I'm not a lawyer but I'm super willing to bet that someone who embarasses both Amazon and the FBI is gonna wind up with a federal rap and very few friends to fight it.
- IncRnd 6y ago
  For it to be a federal crime, there just needs to be federal interest. They can make it a federal crime if they're interested. Federal Interest doesn't define the jurisdiction of the Federal laws.

gruez 6y ago

>Do not use mail or wires and watch the government squirm. Why? Presumably because the state prosecutors are poorly funded compared to federal prosecutors?

httpsterio 6y ago
No, because border crossing crimes are federal crimes and carry a much heftier penalty. In this case, talking about doing something like this wouldn't even be criminal if done orally but digitally it is.
- sk5t 6y ago
  Verbally planning out a crime sounds like criminal conspiracy to me. Just harder to make the case if no evidence is generated.

staticman2 6y ago

Not sure if you are being sarcastic but the federal government, if it wants to go after you, will say any crime involves electronic communications or digital networks either directly or indirectly.

deleted 6y ago
[deleted]