III ESSAY/SHORT ANSWER

ANSWER 5 OF THE 10 QUESTIONS.

1. What are the elements of either mail fraud, wire fraud, or bank fraud? How do mail and wire fraud differ with regard to the federal jurisdiction nexus? Does a fraud have to be successful to be charged under either 1341, 1343, or 1344? Why or why not?

2. Describe the intent element required to establish a conviction of the mail and wire fraud statutes and the criminal tax fraud statutes? Give an example of the kind of evidence you would use to prove the respective mens reas for each crime. How could a criminal use the following excuses to defeat the mens rea requirement for each crime: 1) "I received bad advice from my lawyer when I committed the crime."; 2) "I was hypnotized when I committed the crime."; and

3) "I was drunk and high on cocaine when I committed the crime." Would any of these defenses, if true, be successful? Why or why not?

3. Explain three traditional criteria used to define white collar crime from traditional crime. Describe one of the types of criticism that was directed at Sutherland's work with white collar crime? What is your definition of white collar crime?

4. Define and discuss three types of finance crime or investment fraud? Why does finance crime represent an especially potent threat to society? What is the nature of the basic controversy over finance crimes, including insider trading? Which factors have limited the response to insider trading, and which specific factors led to a wave of prosecutions in recent decades?

5. Compare and contrast three types of mortgage fraud. For each type of mortgage fraud that you discuss, identify the victims, warning signs, and consequences.

6. Discuss the differences between a Ponzi scheme and a pyramid scheme?

7. How have identity theft crimes and computer crimes impacted each other? Give an example of an identity theft crime that is also a computer crime? How should law enforcement respond, investigate, and prosecute computer crime that involves identity theft versus computer crime such as hacking? Should "hacktivists" be treated differently by law enforcement and our judicial system? Why or why not?

8. Explain the basics and differences between a Stolen Identity Refund Scheme
(SIRF) and a overseas bank account tax shelter (the UBS prosecution)? Which has the IRS been more effective in responding to? Why?

9. Which of the "Top Twelve Infamous Offenders" and their schemes (pp. 153¬154) do you find the most interesting? Which one, in your opinion, did the most harm? Why? Which one, in your opinion, did the least amount of harm? Why?

10. With regard to the movie that you watched in connection with Lecture 3 "Fraud - Heartbreak Works of Staggering Hubris", how did the themes or facts of the movie relate to finance crime? Would you have charged any characters or entities with crimes? If so, which ones? Which characters were portrayed as the "good guys" and which characters were portrayed as the "bad guys"?