CITP Exam 5 | COMPLETE EXAM REVIEW | ACCURATE
ANSWERS | UPDATED 2026 STUDY MATERIALS
• Identify how many persons are needed to form a conspiracy. -✓✓ANSWER: o.
USC 371
a. Conspiracy to violate a federal criminal law
OR
b. Conspiracy to defraud the US (includes impeding, obstructing, etc.)
Elements of 18 USC 371
1. Two or More People (each person has to be willing to join in on the conspiracy)
2. Knowingly & Intentionally
3. Agree
4. To violate federal law (OR defraud the US)
AND
5. Commit an overt act in Furtherance of the agreement
• Identify and apply the elements of the Mail Fraud statute, Title 18 U.S.C. § 1341
and the Wire Fraud Statute, Title 18 U.S.C. § 1343. (1/2) -✓✓ANSWER: Mail Fraud
o. Fraud involving the mail system (both USPS and private such as FedEx, USPS,
etc.)
o. Jurisdiction is federally claimed because mail crosses state lines
o. types of Mail Fraud:
a. Bribes: offer of value made to/by official to influence official act
,b. Kickbacks: payments made to someone who has facilitated a transaction by
appointment
c. Fraud against consumers: someone suffers financial loss due to
trickery/deception (ex. ID theft, CC fraud, mortgage scams)
d. Fraud against businesses: crimes committed by employees or consumers (ex.
Payroll fraud, asset misappropriation, bad checks)
e. Fraud against govt: student loans, social security, tax returns,
procurement/construction
Elements of Mail Fraud:
1) Any person who
2)Intentionally
3) Devises a fraudulent scheme and
4) Uses or causes the mail to be used
5) In furtherance or support of scheme
Penalties (For felony offense):
o. If VICTIM is an individual: Max is 5 years in prison
o. If VICTIM is a financial institution: Max is 30 years in prison
o. Fraudulent Scheme defined: Misrepresentations of falsehoods intended to
trick/lie to someone out of something of value
a. Dishonesty can involve tricks/overreaching - Falsehood must have a
misrepresentation of material fact
,• Identify and apply the elements of the Mail Fraud statute, Title 18 U.S.C. § 1341
and the Wire Fraud Statute, Title 18 U.S.C. § 1343. (2/2) -✓✓ANSWER: Mail must
be used in some fashion for statute to qualify:
a. Defendant/suspect used the mail
b. Knew that mail would be used in ordinary course of business
c. Use of mail was foreseeable ((suspect submitted false insurance claim,
company mailed docs to him)
o. Each Mailing is a Separate Charge
o. There is NO requirement that mailing must cross state lines (can be intrastate)
o. Furtherance of Scheme:
a. Mailing must be made to support scheme
b. Mailing does NOT have to contain scheme, be essential to the scheme, occur at
the same time as scheme
o. Lulling Letters: sent out by defendant after the scheme is completed in an
attempt to pacify/keep the victim from reporting fraud. Lulling letters qualify as
mail fraud even though scheme has ended (ex. Ponzi scheme investor who sends
letters to victims pacifying them after being discovered)
Wire Fraud (Elements):
1)Any Person who
2)Intentionally
3) Devises a fraudulent scheme and
4) Uses/causes an interstate (or foreign) wire transmission to be used
, 5) In furtherance of the fraudulent wire scheme
a. Wire Transmissions: Telephone, Fax, Radio, Television, Money Wire Transfers,
Computer Data Transmissions/E-mails
b. Each transmission is a separate charge (ex. Defendant ran 20 ads on TV relating
to wire fraud is 20 separate charges)
c. Wire transmissions must cross state lines
1. Even if you send an e-mail to the person sitting right next to you, because the
data may go through a server in another state, may qualify as "across state lines"
(ex. A cell call that connects the defendant to the victim in another state is
chargeable as wire fraud)
• Identify and apply the elements of the National Stolen Property Act, Title 18
U.S.C. Section 2314. (1/2) -✓✓ANSWER: National state property act: essential
parts
o. Transportation of Stolen Property in Commerce
o. Travel Fraud
o. Transporting Counterfeit Securities in Commerce
Transportation of Stolen Property Elements : ($5k minimum)TSP
o. Transportation in interstate or foreign commerce
o. Of any goods/merchandise/securities or money valued at $5,000 or more
o. Knowing the same to have been stolen, converted, taken by fraud (example of
goods: vehicles, electronic equip, apparel, stocks/bonds)
o. Transporting Stolen Property Can Mean:
a. Carrying items physically across state lines - Sending items via mail - Wiring
goods to another state - Sending
ANSWERS | UPDATED 2026 STUDY MATERIALS
• Identify how many persons are needed to form a conspiracy. -✓✓ANSWER: o.
USC 371
a. Conspiracy to violate a federal criminal law
OR
b. Conspiracy to defraud the US (includes impeding, obstructing, etc.)
Elements of 18 USC 371
1. Two or More People (each person has to be willing to join in on the conspiracy)
2. Knowingly & Intentionally
3. Agree
4. To violate federal law (OR defraud the US)
AND
5. Commit an overt act in Furtherance of the agreement
• Identify and apply the elements of the Mail Fraud statute, Title 18 U.S.C. § 1341
and the Wire Fraud Statute, Title 18 U.S.C. § 1343. (1/2) -✓✓ANSWER: Mail Fraud
o. Fraud involving the mail system (both USPS and private such as FedEx, USPS,
etc.)
o. Jurisdiction is federally claimed because mail crosses state lines
o. types of Mail Fraud:
a. Bribes: offer of value made to/by official to influence official act
,b. Kickbacks: payments made to someone who has facilitated a transaction by
appointment
c. Fraud against consumers: someone suffers financial loss due to
trickery/deception (ex. ID theft, CC fraud, mortgage scams)
d. Fraud against businesses: crimes committed by employees or consumers (ex.
Payroll fraud, asset misappropriation, bad checks)
e. Fraud against govt: student loans, social security, tax returns,
procurement/construction
Elements of Mail Fraud:
1) Any person who
2)Intentionally
3) Devises a fraudulent scheme and
4) Uses or causes the mail to be used
5) In furtherance or support of scheme
Penalties (For felony offense):
o. If VICTIM is an individual: Max is 5 years in prison
o. If VICTIM is a financial institution: Max is 30 years in prison
o. Fraudulent Scheme defined: Misrepresentations of falsehoods intended to
trick/lie to someone out of something of value
a. Dishonesty can involve tricks/overreaching - Falsehood must have a
misrepresentation of material fact
,• Identify and apply the elements of the Mail Fraud statute, Title 18 U.S.C. § 1341
and the Wire Fraud Statute, Title 18 U.S.C. § 1343. (2/2) -✓✓ANSWER: Mail must
be used in some fashion for statute to qualify:
a. Defendant/suspect used the mail
b. Knew that mail would be used in ordinary course of business
c. Use of mail was foreseeable ((suspect submitted false insurance claim,
company mailed docs to him)
o. Each Mailing is a Separate Charge
o. There is NO requirement that mailing must cross state lines (can be intrastate)
o. Furtherance of Scheme:
a. Mailing must be made to support scheme
b. Mailing does NOT have to contain scheme, be essential to the scheme, occur at
the same time as scheme
o. Lulling Letters: sent out by defendant after the scheme is completed in an
attempt to pacify/keep the victim from reporting fraud. Lulling letters qualify as
mail fraud even though scheme has ended (ex. Ponzi scheme investor who sends
letters to victims pacifying them after being discovered)
Wire Fraud (Elements):
1)Any Person who
2)Intentionally
3) Devises a fraudulent scheme and
4) Uses/causes an interstate (or foreign) wire transmission to be used
, 5) In furtherance of the fraudulent wire scheme
a. Wire Transmissions: Telephone, Fax, Radio, Television, Money Wire Transfers,
Computer Data Transmissions/E-mails
b. Each transmission is a separate charge (ex. Defendant ran 20 ads on TV relating
to wire fraud is 20 separate charges)
c. Wire transmissions must cross state lines
1. Even if you send an e-mail to the person sitting right next to you, because the
data may go through a server in another state, may qualify as "across state lines"
(ex. A cell call that connects the defendant to the victim in another state is
chargeable as wire fraud)
• Identify and apply the elements of the National Stolen Property Act, Title 18
U.S.C. Section 2314. (1/2) -✓✓ANSWER: National state property act: essential
parts
o. Transportation of Stolen Property in Commerce
o. Travel Fraud
o. Transporting Counterfeit Securities in Commerce
Transportation of Stolen Property Elements : ($5k minimum)TSP
o. Transportation in interstate or foreign commerce
o. Of any goods/merchandise/securities or money valued at $5,000 or more
o. Knowing the same to have been stolen, converted, taken by fraud (example of
goods: vehicles, electronic equip, apparel, stocks/bonds)
o. Transporting Stolen Property Can Mean:
a. Carrying items physically across state lines - Sending items via mail - Wiring
goods to another state - Sending
