Wire Fraud

What is Wire Fraud?

Simply put, wire fraud is the use of any telecommunication, such as texting, calling, and so on, to defraud another. Wire fraud applies to schemes meant to defraud another that takes place digitally. An individual does not need to follow through with committing the act of wire fraud to be convicted. Rather a defendant may be convicted based on sufficient evidence that proves the defendant had the intent to defraud another. Though similar to mail fraud, wire fraud differs from mail fraud in that wire fraud is committed purely digitally. Mail fraud, which you can read more about here requires the fraud be committed via a mail carrier, such as USPS. Wire fraud is a federal charge and has the following major elements:

1. The accused must have engaged in a scheme to defraud;
2. Such scheme involved material misstatements or omissions;
3. The scheme resulted in, or would have resulted in at its completion, in the loss of money, property, or honest services;
4. The accused must have used interstate wirings in furtherance of the scheme to defraud; and
5. The accused used or caused the use of interstate wirings.

All these elements combined create the charge of wire fraud. The most difficult and complex portion of proving wire fraud is the intent portion of the charge. As mentioned, wire fraud is a federal crime under 18 U.S.C. § 1343, meaning conviction can carry heavy fines and imprisonment.