Wire fraud is a federal crime involving electronic communications to intentionally deceive and defraud victims of money or property. Federal law defines wire fraud under 18 U.S.C. § 1343 as requiring: a scheme to defraud, an intent to defraud, and the use of electronic communications to execute or further the scheme.
Wire fraud is a criminal offense that involves the use of electronic communications, such as telecommunications or the internet, to intentionally deceive and defraud someone of money, property, or honest services.
The statute (18 U.S.C. § 1343) covers 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 interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice.
Key Elements for Prosecution
To establish a wire fraud case, the prosecution must prove several key elements, including the existence of a scheme to defraud, intent to defraud, and the use of interstate wires during the execution of the fraud.
Penalties
A single count of wire fraud can result in up to 20 years in federal prison, a fine, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency, or affects a financial institution, penalties increase to a fine of not more than $1,000,000 or imprisonment not more than 30 years, or both.
The offense does not require a completed fraud. Attempted wire fraud carries the same penalties as a completed scheme.
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