Wire fraud

Wire fraud

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 communications of any kind, 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 [http://assembler.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00001343----000-.html 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) [http://www.eff.org/legal/cases/LaMacchia/lamacchia_acquittal.decision -- 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 [http://www.juryinstructions.ca8.uscourts.gov/criminal_instructions.htm 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.

ee also

*phone fraud
*internet fraud
*advance fee fraud

Wikimedia Foundation. 2010.

Look at other dictionaries:

  • wire fraud — see fraud Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • wire fraud — UK US noun [U] FINANCE, LAW ► in the US, the use of electronic communications to deceive people and get money illegally: »He faces seven charges of wire fraud and up to nine years in prison …   Financial and business terms

  • wire fraud — noun : fraud committed using a means of electronic communication (as a telephone or computer) * * * wire fraud noun (US law) Fraud committed by means of electronic communications • • • Main Entry: ↑wire * * * n. financial fraud involving the use… …   Useful english dictionary

  • wire fraud — noun A class of felonies, providing for a separate and additional federal penalty for any crime of fraud involving the use of electronic communications methods. The mail fraud statute and its counterpart, the wire fraud statute, historically have …   Wiktionary

  • 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 communications or an interstate communications facility. Like any type of fraud, wire… …   Investment dictionary

  • wire fraud — noun Date: 1976 fraud committed using a means of electronic communication (as a telephone or computer) …   New Collegiate Dictionary

  • wire fraud — noun chiefly US fraud involving the use of telecommunications or information technology …   English new terms dictionary

  • Mail and wire fraud — is a federal crime in the United States. Together, 18 U.S.C. §§ 1341, 1343, and 1346 reach any fraudulent scheme or artifice to intentionally deprive another of property or honest services with a nexus to mail or wire communication. Contents 1… …   Wikipedia

  • fraud — n [Latin fraud fraus] 1 a: any act, expression, omission, or concealment calculated to deceive another to his or her disadvantage; specif: a misrepresentation or concealment with reference to some fact material to a transaction that is made with… …   Law dictionary

  • fraud — An intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right. A false representation of a matter of fact, whether by words or by conduct …   Black's law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”