Wire Fraud
Under federal law, it is illegal to use interstate "wires" (phone lines, radio, television or computer modems) in order to transmit communication or information with the intent to commit
fraud. Wire fraud is a federal offense that will result in harsh penalties for an individual convicted of this crime, including up to 20 years in state prison as well as fines. If wire fraud involves defrauding a federally insured bank, the penalties may include a prison sentence of up to 30 years and fines of up to one million dollars. In wire fraud cases, each separate use of interstate wires in carrying out a scheme may be considered a separate offense, with separate charges and penalties.
Because wire fraud may involve any type of scheme, as long as interstate wires are used in the attempt to carry it out, it may be associated with a number of different crimes. This may include identity theft, where one obtains personal and/or financial information in order to defraud others of their money, as well as other types of fraud:
bank fraud,
government fraud,
credit card fraud and
investment fraud. Even if the intended scheme is unsuccessful, the attempt to commit fraud using the internet or other interstate wire may result in criminal charges. The intent is the primary issue at hand in these matters, as well as one or more steps taken to carry out the intended scheme.
Elements of a Wire Fraud Case
There are three primary elements that must be proven by the prosecuting attorney in order to seek a conviction for wire fraud. These are:
- Devising or intending to devise a scheme to defraud others;
- With the intent to commit fraud; and
- Through the use of interstate wires.
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