Set Forth What Is Prohibited by RICO and What Must

question 36

Essay

Set forth what is prohibited by RICO and what must be shown to establish a violation of the Wire and Mail Fraud Acts.Reference in what manner the U.S.Supreme Court has construed the term "fraud" in relation to the Wire and Mail Fraud Acts.
To establish mail fraud or wire fraud,the prosecutor must demonstrate (1)a scheme intended to defraud or to obtain money or property by fraudulent means and (2)the use of the mails or of interstate telephone lines in furtherance of the fraudulent scheme. The term "fraud" has been broadly construed by the U.S.Supreme Court to include everything designed to defraud by representations as to the past or present,or suggestions and promises as to the future.

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Definitions:

Cost Object

Any item for which cost is measured and assigned, such as products, services, or departments.

Plantwide Overhead Rate

A single overhead rate calculated for an entire manufacturing plant, used to allocate overhead costs to products.

Direct Labor Hours

The total hours worked by employees directly involved in the production process, used in calculating cost allocations and efficiency.

Allocation Base

A criterion or measure used for distributing or apportioning costs among various cost objects in a fair, equitable, and rational manner.