alt Hacker NewsYeah the DoJ proclaims,
“Our Office will continue to hold accountable those who misuse confidential or classified information in a way that undermines and exploits our national security.”
But isn’t wire fraud harder to prove than leaking classified facts?
Replies
bostik • today at 5:17 AM
Unless the prosecution can prove that the trades meaningfully moved the market prices, it's probably going to be really hard to use the term "leaking".
I can't shake the feeling that there may be political reasons to not even attempt that angle. What legal precedent would it set if a judge actually ruled on that and the prosecution won? Which entities within the government would be financially inconvenienced?
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jcgrillo • today at 3:07 AM
It seems strange, but that must be why I'm not a lawyer :p
> But isn’t wire fraud harder to prove than leaking classified facts?
No. From the Justice Department's own criminal resource manual:
> the four essential elements of the crime of wire fraud are:
> (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
https://www.justice.gov/archives/jm/criminal-resource-manual...
Generally, to be successfully prosecuted for a crime, the prosecutor has to show that each and every "element" of the crime has to have happened. On the above page, there were 3 different court precedents who ruled what elements that the prosecutor needed to prove were in those cases.
https://en.wikipedia.org/wiki/Element_(criminal_law)#