The Criminal Defense Blog


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Tyler Texas Criminal Defense Lawyer Carlo D'Angelo 

Wire fraud is a serious crime under federal law that occurs when someone uses electronic communication to carry out a fraudulent scheme. Wire fraud can involve a wide range of fraudulent activities, such as phishing scams, investment fraud, and internet auction fraud. The use of electronic communication in carrying out these schemes can include emails, phone calls, faxes, or other forms of communication.

Federal law criminalizes wire fraud under 18 U.S.C. § 1343, which states that anyone who "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 interstate or foreign commerce" is guilty of a crime. This statute covers a wide range of fraudulent activities, including those that occur across state or international borders.

To prove wire fraud under 18 U.S.C. § 1343, the government must establish two elements. The first element is a "scheme to defraud," which refers to a plan or course of action designed to deceive others for financial gain. The scheme must be intentional and fraudulent, meaning that the defendant must have intended to deceive the victim. The second element is the use of wire communications to further the scheme. This means that the defendant must have used electronic communication, such as email or phone calls, to carry out or advance the fraudulent scheme.

It is important to note that the scheme referenced in the first element of 18 U.S.C. § 1341 must be designed to deprive the alleged victim of money or property. This means that the scheme must involve a plan to obtain something of value from the victim through fraudulent means. The victim can be an individual, a company, or a government agency.

Wire fraud is a serious offense that can result in severe penalties, including fines and imprisonment. In addition, a conviction for wire fraud can have long-lasting consequences, such as damage to one's reputation and difficulty finding employment. If you are facing charges for wire fraud, it is essential to consult with an experienced criminal defense attorney who can help you understand your rights and options for defending against these charges.

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