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Mail Fraud

Mail fraud involves the use of the mail system to defraud other individuals. To be found guilty of mail fraud the following elements must be proved: The defendant's intent to defraud another individual; the defendant's scheme to defraud another individual; the defendant actually mailed the materials in question.

JUSTIFICATION AS A DEFENSE

A justification means that a defendant is seeking to avoid liability for a criminal offense by showing the circumstances that justified the defendant's actions. A justification is not a true defense. When asserting a justification, the defendant generally admits that he or she committed the offense but claims that his or her conduct was justified under the facts and circumstances.

Ex Post Facto Laws

An ex post facto law is a law that provides for punishment for an act that was committed when the act was not illegal. Additionally, an ex post facto law includes:

The Travel Act

The Travel Act was passed in the 1960's in response to organized crime. The Act was intended to assist state and local authorities with limited resources in their efforts to combat organized crime. The Act provides that any individual who travels in interstate or foreign commerce or uses the mail or any facility in interstate or foreign commerce with the intent to distribute the proceeds of any unlawful activity, commit a violent crime to further criminal activity, promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on of any criminal activity, may be guilty of violating the Travel Act.

Surveillance Changes under the PATRIOT Act

The PATRIOT Act provides federal and international agencies with the ability to track and intercept oral, written, and electronic communications.