Is there a cause of action for violations of section 1341 and 1343 of the Criminal Code?

Plaintiff appears to allege causes of action for violations of 18 U.S.C. 1341 and 1343. These code sections pertain to mail and wire fraud, and, as noted below, plaintiff fails to meet the heightened pleading requirements for a claim based on fraud. Moreover, "[t]he majority of published decisions. . . have declined to find a private civil cause of action created by a bare criminal statute." Black v. Sciver, No. 1:16-CV-00841-DAD-JLT, 2016 U.S. Dist. LEXIS 119309, at * 12 (E.D. Cal. Sept. 2, 2016) (citing cases finding that there is no private cause of

Page 8

action for sections 1341 and 1343).

Title 18 U.S.C. 1621 is related to perjury by a defendant. This is a criminal statute with no private right of action. See Brown v. California, No. 18-CV-07826-EMC, 2019 U.S. Dist. LEXIS 99542, at *9 (N.D. Cal. June 13, 2019).