Wire Fraud
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The federal Wire Fraud statute was enacted more than 50 years ago. The statute includes both domestic and foreign wire transmissions. In order for a defendant to be convicted of wire fraud the prosecution must show:
- An intent to defraud.
- A scheme to defraud an individual of money or property.
- Employment of wire transmissions existed thereby creating jurisdiction.
- The wire transmission furthered or advanced the scheme to defraud.
It is required that a telephone call or wire communication pass through another state or overseas in order to constitute wire fraud. The wire communication need not be made from one state to another; it is sufficient if the wire communication begins and ends in a single state if, at some point, it passes through another state.
Wire Communications
A wire communication includes:
- Computers.
- Radio transmissions.
- Television transmissions.
- Telephone transmissions.
- Telegraph transmissions.
- Any other type of wire transmissions.
It is unclear whether telephone calls transmitted by microwave signals come within the purview of the statute. It is not required that the scheme be successful for the defendant to be successfully prosecuted for wire fraud.
Penalties
The penalties for wire fraud vary from jurisdiction to jurisdiction. Depending on the severity of the offense and the defendant's criminal record, the defendant may be required to make restitution, be fined, and/or be sentenced to serve prison time. Copyright 2010 LexisNexis, a division of Reed Elsevier Inc. |