Shyam
Your recent, excellent post concerning 'Amway India Enterprises' acting in defiance of a lawful, advertising-ban issued by the elected government of Andhra Pradesh in 2008, clearly demonstrates that US-based 'MLM income opportunity' racketeers have spread their fraudulent scheme in India using Indian newspapers and Websites as the medium of propagation. Despite what the perplexing Mr. Chang has previously tried to tell us, even when pursued in a foreign land, such activity can be defined as wire fraud in the USA, when it involves US citizens deriving unlawful benefits by spreading lies by means of electronic communication. As Mr. Chang is aware, wire fraud, is one of the crimes included in US federal anti-racketeering legislation.
The crime of wire fraud is defined in the USA as follows:
- 'Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in inter-state or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.'
The fact that the American bosses of 'Amway' have been allowed to continue to act in defiance of the law in India, and at the same time break the law in the USA, should lead all free-thinking readers to conclude that there have been serious obstructions of justice, and of criminal investigation, somewhere.
The obstruction of justice and the obstruction of criminal investigation, are two more of the crimes included in US federal anti-racketeering legislation.David Brear (copyright 2011)
1 comment:
Dear Mr. Brear,
I have a feeling you will choose to construe my skepticism as hostility (or as you put it "ignore reality") but I'll merely reiterate my position as before:
IMHO, it will be nearly impossible to prove advertisements or communcations of a MLM as "wire fraud" or "mail fraud" to the satisfaction of a court, without it being shot down as a challenge to "free speech".
This is NOT saying that MLM communication is not fraud, merely a comment on chances of success presenting such an argument in court, as a purely amateur observer.
First of all, as you stated earlier, MLM has NOT been declared in the US as illegal fraud, despite various studies of public compensation records and documented losses for most reps. Thus, you need to have THAT happen, THEN anything they communicate with would automatically be considered wire fraud and mail fraud.
And if you can't get MLM declared fraud, then you will have a hard time getting ANY judge or jury to consider MLM communications as wire fraud and mail fraud.
Thus, talking wire fraud and mail fraud, before having MLM declared illegal fraud is a bit... "cart before the horse".
I failed to understand your post though. You wrote: "Despite what the perplexing Mr. Chang has previously tried to tell us, even when pursued in a foreign land, such activity can be defined as wire fraud in the USA, when it involves US citizens deriving unlawful benefits by spreading lies by means of electronic communication. "
"Despite"? Did I somehow gave impression that wire fraud NOT committed in the US by US company does not count? Or is there something ELSE you are referring to?
Sincerely,
KC
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