Federal Wire Fraud Crimes

The Federal Wire Fraud Statute is one of the most used tools in the prosecution of federal white-collar crime and business crime. Along with the mail fraud statute is criminal is the workhorse of the federal prosecutors in white collar.

The statute, 18 USC § 1343 provides: "Whoever invented or who intend to work out a scheme or artifice to defraud, or for obtaining money or property by false or fraudulent pretenses, representations, or promises, transmits or causesbe 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 carrying out such scheme or artifice is, to a fine not exceeding $ 1,000,000 or imprisoned not more than 30 years, or both.''

The wire fraud law is very similar to the e-mail fraud statute. Both are often used together in federal indictments. Elements of the federal mail fraud and fraud crimes are identical. Toconvict, is accused to prove that the measure in the "promotion" which was made oder''''eng to cheat the system are related. There is a substantial difference. In order to violate the law, each mailing is sufficient, even within the same state. On the other side to the wire law violated, the wire transfers between several states or countries to be.

To get to conviction, the government must prove (1) the existence of a scheme to defraud, (2) use of wire --Communications to promote the system, and (3) the intention of the scheme was to deprive the victim of money or property. "

The interpretation of the fraud statute is fairly liberal. The plan does not need to cheat to be specifically designed to obtain money or property. In fact, a charge of wire fraud can be found in a variety of circumstances. In one case, two false debt collector, the telephone company and the post office to obtain confidential informationParticipants with regard to violations of privacy laws. Both were convicted of wire fraud. In another case, a defendant was a fake modeling "agency to meet and to seduce young women, he landed a wire fraud conviction. Even if the plan need not be successful, the fight against the fraud statute . Also it does not matter if the defendant did not know that the victim at the other end of the call in another State.

"Wire communication" for the purposes of fraudStatutes, computers, radio, television, telephone, telegraph and other wire communications. In one case, the question of whether phone calls are transmitted by microwave signals, recorded in the statutes. The defense believes that because the defendant's call was transmitted by microwave, it was not covered by the fraud statutes. The court decided otherwise.

In short, modern technological advances that can make it easier to "make commit fraud at the same timeit easier to pursue them.

Related : carmonitor lcd carmonitors Holland america cruise student loan consolidation rate cot bed mattress