Criminal Resource Manual 941 18 U.S.C. 1343 -- Elements of Wire Fraud
Even though I am a lawyer, if I practice in the criminal area, it is what lawyers call "negligence per se," i.e., negligence in and of itself. Nevertheless, let suggest that this Rathergate on the Bush National Guard records bears some hallmarks of criminal activity.
The above link is to the website purportedly by the United States Attorneys' Manual. It suggest using a wire transmission to cause fraud is wire fraud. Remember fraud usually requires that the party receiving the wired information must suffer damage. In this case, the most likely victim is Dan Rather and his C-BS News organization. That would be enough -- if Dan and crew were not participants or accomplices in the crime itself.
Apparently in this case though, damage is not necessary. Manual on Section 943
Impersonating a federal officer is a crime. Manual on section 1469. If the deceased colonel did not write the C-BS memos, then this crime probably happened. If impersonating occurred, wire fraud likely occurred. Rep. Cox's request for a Congressional investigation may be even more powerful, especially if the faxing involved was from near Abeline, TX to CBS News in New York City -- interstate transmission of fraudulent material.
This is a bigger problem if Rather knew about or should have known about it. Is he an accomplice after the fact? That would be bad news indeed for CBS News!
No comments:
Post a Comment