For our look at criminal justice.
- From the NYT: These Are the Charges Against George Santos.
Four separate charges, 13 counts:
7 counts - Wire fraud
2 counts - Making false statements to the House of Representatives
- - Related to a fraudulent political contribution solicitation scheme and an unemployment insurance fraud scheme.
3 counts - Money laundering
- - Related to the fraudulent political contribution solicitation scheme.
- - Related to materially false statements on personal financial disclosure reports.
1 count - Theft of public funds
- - Related to the unemployment insurance fraud scheme.
A bit more on each of these crimes:
Wire Fraud:
- From Investopedia:
Wire fraud is a type of fraud that involves the use of some form of telecommunications or the internet. These can include a phone call, a fax, an email, a text, or social media messaging, among many other forms. Wire fraud is punishable by prison and/or fines.
. . . The U.S. Department of Justice Criminal Resource Manual Section 941.18 U.S.C. 1343 cites these as the key elements of wire fraud: “1) that the defendant voluntarily and intentionally devised or participated in a scheme to defraud another out of money; 2) that the defendant did so with the intent to defraud; 3) that it was reasonably foreseeable that interstate wire communications would be used; and 4) that interstate wire communications were in fact used.”
Money Laundering:
- From Investopedia:
Money laundering is the illegal process of making large amounts of money generated by criminal activity, such as drug trafficking or terrorist funding, appear to have come from a legitimate source. The money from the criminal activity is considered dirty, and the process “launders” it to make it look clean.
Money laundering is a serious financial crime that is employed by white-collar and street-level criminals alike.1 Most financial companies today have anti-money-laundering (AML) policies in place to detect and prevent this activity.
. . . Money laundering is essential for criminal organizations that wish to use illegally obtained money effectively. Dealing with large amounts of illegal cash is inefficient and dangerous. Criminals need a way to deposit money in legitimate financial institutions, yet they can only do so if it appears to come from legitimate sources.
The process of laundering money typically involves three steps: placement, layering, and integration.
Making false statements to the House of Representatives:
- From the DoJ: 1996 AMENDMENTS TO 18 U.S.C. § 1001.
- From Congress.gov: H.R.3166 - False Statements Accountability Act of 1996.
- From the CRS: Lying to Congress: The False StatementsAccountability Act of 1996.
Theft of public funds:
- From Public Money: EMBEZZLEMENT OF PUBLIC MONEY, PROPERTY, OR RECORDS - 18 U.S.C. § 641.
Embezzlement occurs when someone unlawfully takes and appropriates money, property, or other valuable items for their use or the use of another person. The federal criminal code lists numerous types of embezzlement considered federal crimes.
The United States government employs numerous people and owns a substantial amount of property. When someone embezzles or steals any property, they could face criminal prosecution for the serious federal offense of theft of government property in violation of Title 18, Section 641 of the US Code.
It's a particularly egregious offense to embezzle money, property, or records belonging to the United States government—and by extension, the public.
If you're accused of doing so, you could be charged with a felony under this statute. If convicted, you could face up to 10 years in federal prison.
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- Click here for the indictment.
Who brought the indictment forward?
- The United States Attorney's Office.
- Press Release: Congressman George Santos Charged with Fraud, Money Laundering, Theft of Public Funds, and False Statements.Where will the trial be held?
- The United States District Court in the Eastern District of New York.
- The court of Judge Joanna Seybert.
- Wikipedia: Joanna Seybert.
