Federal Wire Fraud Crimes

The Federal Wire Fraud Statute is one of the most used tools in the prosecution of federal white collar and business crimes. Together with the Mail Fraud Statute is the work horse of the Prosecutor's white collar criminal matters.

The Act, 18 USC § 1343 provides: "If you have invented or intending to devise a scheme or artifice to defraud, or for obtaining money or property by false or fraudulent pretenses,Representations, or promises to transfer or forward causes by wire, radio or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of implementing this scheme or artifice, shall be punished no more than $ 1,000,000 or imprisoned not more than 30 years, or both.''

The wire fraud statute is very similar to the mail fraud statute. Both are used together frequently in federal indictments. Elements ofFederal fraud and crime, fraud, mail are identical. To convict, law enforcement will have to show that the act in "support" was von''oder''eng made to the scheme in connection with fraudulent. There is a fundamental difference, however. To counter the statute, each mailing is sufficient, even within the same state. On the other side to the wire statute violation must be the wire-transfer between several states or countries.

To believe the government must prove (1)the existence of a scheme to defraud, (2) use of wire communication for the promotion of the system, and (3) that the scheme was intended to deprive a victim of money or property "

The interpretation of the statute of fraud is quite liberal. The plan to defraud need not specifically planned to obtain money or property. In fact, a charge of wire fraud are found in a variety of circumstances. In one case, two false debt collector on the telephone company andPost office to obtain confidential information about participants in violation of the privacy laws. Both were convicted of wire fraud. In another case, a defendant is a fake modeling "agency to meet and seduce young women, which he landed a wire fraud conviction. Even if the plan did not, in order to be successful against the fraud Statute. Also, it does not matter if the defendant did not know that the victim was at the other end of the call in anotherCondition.

"Wire communication" for the purposes of the fraud statutes can, computer, radio, television, telephone, telegraph and other wire communications. In one case, the question was whether phone calls are included in the Statute transmitted by microwave signals. The defense believed that because the defendant was given by telephone by microwave, it was not covered by the statutes of fraud. The court decided otherwise.

In short, modern technological advances that canmake it easier to commit time for criminal fraud at the same time make it easier to track them.

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