Wire Fraud

Wire fraud - Wikipedia, the free encyclopedia
Wire fraud is a legal concept in the United States Code which provides for ... Thus, the essential elements of the crime of wire fraud are: ...
en.wikipedia.org

Federal Crimes - McNabb Associates, P.C.
To sustain a charge of wire fraud under section 1343, the government must prove ... The wire fraud statute was employed because the defendants, in Buffalo, New York, ...
www.federalcrimes.com

What is Wire Transfer Fraud & Punishment for 18 U.S.C. §1343
Site explains wire fraud & wire transfer fraud, the laws, the penalties, sentencing, and jail time, as well as offers a defense lawyer/attorney. ... WIRE FRAUD ...
www.teakelllaw.com

Legal Definition of Wire Fraud
The Legal Term * Wire Fraud * Defined & Explained ... To "cause" interstate wire facilities to be used is to do an act with knowledge ...
www.lectlaw.com

Wire Fraud Lawyers & Legal Information
Find Wire Fraud Lawyers and Attorneys in your area. What is Wire Fraud? ... Wire fraud is a federal crime. ... For wire fraud, a person must be guilty of the ...
www.legalmatch.com

Warning: mkdir() [function.mkdir]: Permission denied in /home/webs/affiliatelib2/CacheManager.php on line 12

Warning: mkdir() [function.mkdir]: No such file or directory in /home/webs/affiliatelib2/CacheManager.php on line 12

Warning: fopen(/home/templatecore2cache//*cluesnet.com/20/208e03306bf212a7322deb9da5bcb1de21e468c2.tc2cache) [function.fopen]: failed to open stream: No such file or directory in /home/webs/affiliatelib2/CacheManager.php on line 130

Warning: fwrite(): supplied argument is not a valid stream resource in /home/webs/affiliatelib2/CacheManager.php on line 131

Warning: fclose(): supplied argument is not a valid stream resource in /home/webs/affiliatelib2/CacheManager.php on line 132

Wire fraud is a legal concept in the United States Code which provides for enhanced penalty of any criminally fraudulent activity if it is determined that the activity involved electronic telecommunication of any sort, at any phase of the event. As in the case of mail fraud, this statute is often used as a basis for a separate federal prosecution of what would otherwise have been only a violation of a state law.

The crime of wire fraud is codified at 18 U.S.C. § 1343, and reads as follows:

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, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

In one important case (United States v. LaMacchia (1994) -- text at eff.org), an MIT student was charged with wire fraud when he could not be charged with criminal copyright infringement (having not personally profited from the online distribution of millions of dollars worth of illegally copied software). The United States District Court, District of Massachusetts, dismissed the charges, noting they were an attempt to find a broad federal crime where the more narrowly defined one had not occurred. Congress promptly amended the copyright law to limit further use of this loophole.

The alleged misrepresentation to support a conviction under 18 U.S.C. § 1343 must be a material misrepresentation. Neder v. United States, 527 U.S. 1, 23 (1999). A misrepresentation that is capable of influencing or has a "natural tendency" of influencing a decision is material. Id. at 13.

Thus, the essential elements of the crime of wire fraud are:

(1) Devise or intend to devise a scheme or artifice to defraud another person based on a material representation;(2) With the intent to defraud;(3) through the use of interstate wire facilities (e.g. telecommunications of any kind).

See 8th Circuit Pattern Criminal Jury Instructions, 242 & 250.

A fourth element will be included where the alleged victim is a financial institution, to enhance sentencing as provided in the statute.

See also

phone fraud
internet fraud
advance fee fraud

Wire fraud - Wikipedia, the free encyclopedia
Wire fraud is a legal concept in the United States Code which provides for enhanced penalty of any criminally fraudulent activity if it is determined that the activity involved ...

Wire-Fraud.com | Wire Fraud | Crimes Prosecuted | Fraud Examiners ...
Fraud Record Searches Get Fraud, Court & Police Records. Find Out Anything About Anyone. www.web-detective.com/ B.C. Criminal Lawyer Charged or Arrested in Canada Defend Your ...

Florida man sues bank over $90K wire fraud • The Register
A Miami businessman is suing his bank after $90,000 was lifted from his firm's online banking account following a computer virus attack. Joe Lopez, 42, filed suit against the Bank ...

NatWest Three plead guilty to wire fraud | Business ...
A trio of British bankers dubbed the ... A trio of British bankers dubbed the "Natwest Three" face 37 months in prison after pleading guilty to stealing $7.3m (£3.65) in a highly ...

MSN email spoofer pleads guilty to wire fraud • The Register
An email spoofer who set up a simple scam to defraud MSN customers pleaded guilty last week to wire fraud. Matthew Thomas Guevara, 21, of Chicago, Illinois faces a jail sentence of ...

Wire Fraud financial definition of Wire Fraud. Wire Fraud finance term ...
Wire Fraud. A situation where a person concocts a scheme to defraud or obtain money based on false representation or promises. This criminal act is done using electronic ...

Plusnet Guilty of Wire Fraud re VMU errors
Plusnet Guilty of Wire Fraud re VMU errors ... Author: Topic: Plusnet Guilty of Wire Fraud re VMU errors (Read 2593 times)

Criminal Resource Manual 941 18 U.S.C. 1343 -- Elements of Wire Fraud
941 18 U.S.C. 1343—Elements of Wire Fraud; The elements of wire fraud under Section 1343 directly parallel those of the mail fraud statute, but require the use of an interstate ...

MOVED: Plusnet Guilty of Wire Fraud re VMU errors
MOVED: Plusnet Guilty of Wire Fraud re VMU errors ... Author: Topic: MOVED: Plusnet Guilty of Wire Fraud re VMU errors (Read 965 times)

USAM 9-43.000 Mail Fraud and Wire Fraud
9-43.000 MAIL FRAUD AND WIRE FRAUD; 9-43.100 Prosecution Policy Relating to Mail Fraud and Wire Fraud 9-43.300 Statement of Policy concerning Venue in Mail Fraud Prosecutions