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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 100049
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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IS solicting money via the Internet Mail Fraud

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IS solicting money via the Internet Mail Fraud
Submitted: 7 months ago.
Category: Criminal Law
Expert:  JACUSTOMER-f4y332lu- replied 7 months ago.
Hello my name is ***** ***** I will be the expert assisting you today. I am going to work on preparing a reply for you and I will get back to you shortly. Thanks for your patience!
Expert:  Ely replied 7 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. Soliciting money via the internet is not fraud per se. However, soliciting money via a scam is. CRIMINALUnder 18 U.S.C. § 1341, "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 promise..." is guilty of mail fraud if they are doing this with the intent to scam people out of money. This is called mail fraud. A closely related crime is wire fraud. You can see both described in detail HERE. In addition, state law has criminal versions of the above as well, for both internet and non-internet scams. CIVILIn addition to the above, the scammed party can sue the scammer in civil court. Fraud in civil court (called common law fraud) consists of: (1) a false statement of a material fact, 2) knowledge on the part of thedefendant that the statement is untrue, (3) intent on the part of the defendant to deceivethe alleged victim, (4) justifiable reliance by the alleged victim on the statement, and (5)injury to the alleged victim as a result. (Many jurisdictions have their own nuances of the definition). SIMPLY ASKINGHowever, simply asking for money is not a crime - via internet or not. This is why websites such as "gofundme.com" are so popular. So asking for a true purpose is not illegal. But asking for an false purpose is. So if someone is soliciting money for their team to go to the national championship and this is true, it is legal.If someone is someone is soliciting money for their team to go to the national championship, but there is no team and they use the money to take a vacation - that is a scam and is illegal. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

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