CAPITALISM'S ACHILLES HEEL Dirty Money and How to

Does this transaction violate U.S. laws, specifically laws dealing with:
schemes to defraud, mail fraud, wire fraud, filing a false customs declaration,
or general false statements?
Both statute law and case law need to be considered. Transfer pricing
occupies a central position in global tax evasion and money laundering, and
a few of the regulations and cases bearing on this need to be touched upon.
Scheme to Defraud
General elements of a common law action for fraud and deceit require a
false representation of a material fact, with knowledge of the false representation
that someone relies upon as true and acts upon to his or her detriment.
The decisive element to determine the existence of a scheme is not the
number of participants but whether the scheme had the ability to deceive. 51
The general conspiracy statute (18 U.S.C. §371) makes it an offense “If two
or more persons conspire either to commit any offense against the United
States, or to defraud the United States, or any agency thereof in any manner
or for any purpose . . .”
Mail Fraud
It is a federal crime (18 U.S.C. §1341) for anyone to use the U.S. mail in
carrying out a scheme to defraud. The law states in part, “Whoever, having
devised or intending to devise any scheme or artifice to defraud, . . . places
in any post office or authorized depository for mail matter, any matter or
thing whatever to be sent or delivered by the Postal Service . . .” in furtherance
of that fraud has committed an offense. While use of mails in the conduct
of a scheme to defraud appears to be clearly laid out, mail fraud is not
commonly applied in cases with extraterritorial jurisdiction.
Wire Fraud
Magnitudes and Misunderstandings 197
In 1956, Congress amended the wire fraud statute (18 U.S.C. §1343) to
include “foreign commerce.” The law has been applied to cases that occurred
in the United States, wholly outside the United States, and to
money-laundering cases where transfers were routed, however fleetingly,
through the United States. Application of wire fraud to situations that