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> breachingtheir duty of care towards the employer and defrauding them That's the part that sounds a bit strange to me. I mean, breach of duty is one thing, an
by einpoklum 6y ago
> breachingtheir duty of care towards the employer and defrauding them
That's the part that sounds a bit strange to me. I mean, breach of duty is one thing, and fraud is a second thing. But I guess that's how fraud is defined in US criminal law.
> 2. "Standard" in-person fraud is prosecuted by the states, but fraud over mail or wires is a federal crime, so if any long-distance communications were involved then the federal justice system can (also) get involved.
Well, the relations between a company and its officer are in-person, aren't they? Or is it the case that if I defraud you and during that time call your phone once, I can be prosecuted for "wire fraud"?
- PeterisP 6y agoThe definition is "the use of an interstate wire communication to further the scheme". Email and phone qualifies, and it does not need to play a crucial role in the scheme to defraud, it only needs to be made in order to advance the scheme somehow; a single email exchange about the kickbacks with a vendor sales representative in another state might be sufficient push it from "normal" fraud to wire fraud.