Federal Mail Fraud Crimes
Douglas McNabb, federal criminal defense attorney, discusses in layman's terms federal mail fraud crimes.
18 U.S.C. 1341 (As of January 1, 2011)
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, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.
Interpol's Red Notice
Douglas McNabb discusses Interpol's use of the Red Notice and its inter-relationship with International Extradition.
One of Interpol's most important functions is to help the member countries' law enforcement organizations communicate with each other about critical crime-related information. An Interpol International Notice is used to help achieve that goal. The notice is circulated worldwide.
1. Red Notice ("International Wanted Notice")
The legal basis for a Red Notice is the arrest warrant (issued for a person wanted for prosecution) or a court order (issued for a person wanted to serve a sentence) issued by judicial authorities in the concerned country. The notice contains identification information about the subject person such as physical description, photographs and fingerprints if available, occupation, languages spoken and identity documents. The notice may also contain judicial information such as offense with which the person is charged, references to the relevant laws under which the charge is made or conviction was obtained, the maximum penalty that has been or can be imposed, the references of the arrest or of the sentence imposed by the court, and details of the countries from which the requesting country will seek the fugitive's extradition.
Many of Interpol's member countries consider a Red Notice as a valid request for provisional arrest. This is particularly true if the requesting country and requested country have a bilateral or multilateral extradition treaty or convention in force with each other. It is even more so if the treaty or convention allows for the use of Interpol channels to forward such requests.
If a Red Notice is considered to be a valid request for a provisional arrest, the appropriate judicial authority in the requested country can make the decision, based on the information in the notice, to have the person provisionally arrested. Subsequent to the arrest, the requesting country is notified of the person's detention and the formal extradition process can begin.
In the United States, based on the notice alone, federal law prohibits the arrest of the subject of the Red Notice. If the subject is found within the United States, the Criminal Division of the U.S. Department of Justice, will make a determination if a valid extradition treaty exists between the U.S. and the requesting country for the specified crime or crimes. If the subject is extraditable, and after a diplomatic request for a provisional arrest is received from the requesting country, the facts are communicated to the U.S. Attorney's Office where the person is located. The U.S. Attorney's Office will then file a Criminal Complaint and obtain an arrest warrant requesting extradition. If the United States is the requesting country the Red Notice is generated by the US -- NCB in coordination with the Criminal Division of the U.S. Department of Justice. The notice will request that the subject be provisionally arrested. The Notice is sent to all 188 Interpol member countries, and is posted at all U.S. border ports of entry. The notice data is also entered into the National Crime Information Center (NCIC). It should be noted that Interpol has the authority to refuse to issue a Red Notice when it is not satisfied that the notice contains all the information needed to formulate a valid request for a provisional arrest. Additionally, a Red Notice may not be issued if Interpol concludes that the request is based on activity of a political, military, religious or racial character.
2. Blue Notice ("International Request for Information Notice")
This notice is primarily used for tracing and locating a person when the decision to extradite has not yet been made. It may also be used to verify a person's identity, to obtain particulars about his criminal record or to locate witnesses to criminal activity.
3. Green Notice ("International Alert Notice")
This notice is used to provide warnings and criminal intelligence about persons who have committed criminal offenses, and are likely to repeat these crimes in other countries.
4. Yellow Notice ("International Missing Person Notice")
This notice is used to help locate missing persons, including children, or to help identify persons who may not be able to identify themselves such as a person suffering from amnesia.
5. Black Notice ("International Unidentified Dead Body Notice")
This notice is used to seek the identity of deceased persons.
6. Orange Notice ("Warning Notice")
This notice is used to warn police, public entities and other international organizations about potential threats from disguised weapons, parcel bombs and other dangerous materials.
7. Interpol- United Nations Special Notice
This notice is issued for groups and individuals who are the targets of UN sanctions against Al Qaeda and the Taliban.