Fraud (In General)

Fraud is the act of knowing something to be false or fraudulent and using that false or fraudulent item in order to obtain financial or other type of gain. There are many forms of fraud, but the essential elements remain the same. The penalties for committing fraud will depend greatly on two things specifically: 1) the amount of money or other goods that you were able to obtain through the fraud, and 2) the complexity and/or duration of the fraud. Other factors may be taken into consideration, but these two are primary in the court's calculation of your punishment.

Insurance fraud

Insurance fraud has the same elements as fraud. In addition to those elements, the state must prove that the fraud was carried out on an insurance company in an effort to make a false claim.

Theft by Fraud: Representations Made to the Owner, Directly or by a Third Person

The State must prove 7 elements:

1. (Name) was the owner of property.

2. The defendant made a false representation to the owner.

   ADD THE FOLLOWING IF THE ALLEGED REPRESENTATION WAS MADE TO A THIRD PERSON

3. The defendant knew the representation was false.

4. The defendant made the representation with intent to deceive and to defraud the owner.

5. The defendant obtained title to the property of the owner by false representation.

6. The owner was deceived by the representation.

7. The owner was defrauded by the representation.

Fraud on Hotel or Restaurant Keeper

The State must prove 3 elements:

1. The defendant obtained              at a              .

2. The defendant knew (he)(she) was obligated to pay for the              .

3. The defendant intentionally absconded without paying.

"Intentionally absconded" requires that the defendant left with the mental purpose to avoid paying for the             .

Fraud Against a Financial Institution

The state must prove the following elements:

1. The dfendant obtained (money)(funds)(credits)(assets)(securities)(property) owned by or under the custody or control of a financial institution.

   "Financial institution" means a (bank)(savings bank)(savings and loan association)(trust company)(credit union)(mortgage banker)(mortgage broker).

2. The defendant obtained(specify what was obtained) [by means of false (pretenses)(representations)(promises)] [by use of any fraudulent (device)(scheme)(artifice)(monetary instrument)].

   A person obtains (money)(or other) [by means of false (pretenses)(representations)(promises)][by use of any fraudulent (device)(scheme)(artifice)(monetary instrument)] when [they are made][it is used] with the knowledge that [they are][it is] false and with the intent to obtain money.

Bribery of a Public Official

The state must prove 4 elements:

1. That you had the intent to influence a public official

2. That you intended to influence that official regarding an affair that is pending or would be before that official

3. That through that influence you intended to have the official violate his duties

4. That you transferred property or other goods to achieve the influence

Bribery of a public official is a serious crime. It does not matter the extent of the bribery, nor the amount of money/property offered. It is treated the same way no matter what. Bribery is a Class H Felony.

> Wisconsin penalty for Bribery of a Public Official:

• 3 years in prison.

Mail/Wire fraud

Mail/Wire fraud is the act of using the mail and/or wire (i.e. internet, telephone) to perpetuate a fraud. This is a very broad charge that is mainly used by federal prosecutors. The major element of this charge is the fraud. The mail element is what specifically allows the federal prosecutors to get involved in the case.

Theft

 The State must prove 4 elements:

1. The defendant intentionally took and and carried away movable property of another.

   The term "intentionally" means that the defendant must have had the mental purpose to take and carry away property.

   "Movable property" means property whose physical location can be changed.

2. The owner of the property did not consent to taking and carrying away the property.

3. The defendant knew that the owner did not consent.

4. The defendant intended to deprive the owner permanently of the possession of the property.

Embezzlement

The State must prove 4 elements:

• That you had possession of money belonging to another because of your employment.
• That you intentionally used the money without the owner's consent and contrary to your authority. The term "intentionally" means that you must have had the mental purpose to use the money without the owner's consent and contrary to your authority.
• That you knew that the use of the money was without the owner's consent and contrary to your authority.
• That you intended to convert the money to your own use, or the use of any other person.

The same penalties apply as with regular theft, but with the added condition that the money is taken in the context of employment, especially for those who have control over company funds such as bookkeepers, accountants and officers of a corporation. Employees who steal physical items are generally just charged with theft. Typically, being accused (and/or convicted) of embezzlement makes it extremely difficult to find future employment.

> Wisconsin penalties for Embezzlement:

• Under $2,500: 9 months maximum (misdemeanor)
• $2,500 to $5,000: 18 months (felony)
• $5,000 to $10,000: 3 years (felony)
• $10,000 or greater: 5 years (felony)

Theft by Fraud: Representations Made to an Agent

Statutory Definition:

Theft, as defined in section 943.20(1)(d) of the Criminal Code of Wisconsin, is committed by one who obtains title to property of another person by intentionally deceiving an agent of that person with a false representation which is known to be false, made with intent to defraud, and which does defraud the owner of the property.

The State must prove the following elements:

1. (Name) was the owner of property.

2. (Name) was the agent of the owner.

   An agent is a person authorized to act on the owner's behalf.

3. The defendant made a false representation to the agent.

   This requires that the false representation be one of past or existing fact. It does not include expressions of opinions or representations of law.

4. The defendant knew the representation was false.

5. The defendant made the representation with intent ot deceive the agent and to defraud the owner.

   It is not required that the defendant knew the identity of the owner.

6. The defendant obtained title to the property of the owner by making the false representation to the agent.

7. The agent was deceived by the representaion.

8. The owner was defrauded by the representation.

   This requires that the owner of property did in fact part with title to property in reliance (at least in part) on the false representation.