WIRE FRAUD

April 14th, 2010 by John R. Teakell

A commonly used federal law to prosecute misrepresentations and frauds is the statute known as “wire fraud.” The United States Attorney’s Office will also seek an Indictment alleging wire fraud when it believes that the evidence will support any type of scheme to defraud that uses interstate wire communications further the fraud scheme. Wire communications utilized by persons who were engaged in a scheme to defraud are often the following: wire transfers of monies to or from a financial institution; electronic mail (e-mail) communications; facsimile (FAX) transmissions; and radio or television communications.

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The violation of “wire fraud” is also a commonly used criminal law used to prosecute people for committing fraud while using wire communications that travel interstate or internationally.

Under Title 18, United States Code, Section 1014, it is a federal crime to commit fraud using a wire communication that travels in interstate or foreign commerce. 18 U.S.C. §1343 reads as follows:

WIRE FRAUD DEFINITION & PENALTY  -

Whoever

1)  having devised, or intending to devise any scheme or artifice to defraud, or
2)  for obtaining money or property by means of false or fraudulent pretenses, representations, or promises
3)  transmits, or causes to be transmitted, by wire, radio or television communication in interstate or foreign commerce,
4)  any writings, signs, signals, pictures, or sounds
5)  for the purpose of executing the scheme or artifice

shall be fined…or imprisoned for more than 20 years, or both.

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