What is wire fraud?
- vieinsights
- Jan 5
- 2 min read
One federal crime that is often mentioned is wire fraud. The crime is broadly defined by statute and prohibits
“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.” [1]
The phrase “scheme or artifice to defraud” includes depriving another of the right to honest services. [2]
Stated simply, wire fraud requires proof that a defendant intentionally participated in a scheme or artifice to defraud and used interstate wires to carry out the scheme. [3] A scheme to defraud “requires proof of material misrepresentations, or the omission or concealment of material facts reasonably calculated to deceive persons of ordinary prudence.” [4] Though the term “scheme to defraud” is not defined by statute, but is generally described as a plan to deprive a person “of something of value by trick, deceit, chicane or overreaching.” [5]
With a statute this broad, many defenses may be available. For example, a defendant may claim that his or her statements were made in good faith or that any actions were without the criminal intent to defraud. Other defenses may be raised including insufficient evidence, absence of a scheme, absence of the use of wire communications, procedural violations, or multiple others.
If you or someone you love has been convicted of wire fraud, contact Peter Armstrong, Attorney at Law to discuss your potential remedies.
Citations:
1. 18 U.S.C. § 1343. (https://www.law.cornell.edu/uscode/text/18/1343)
2. 18 U.S.C. § 1346. (https://www.law.cornell.edu/uscode/text/18/1346)
3. U.S. v. Langford, 647 F.3d 1309, 1320 (11th Cir. 2011). (https://case-law.vlex.com/vid/u-s-v-langford-893810007)
4. U.S. v. Hasson, 333 F.3d 1264, 1270-71 (11th Cir. 2003). (https://law.justia.com/cases/federal/appellate-courts/F3/333/1264/603067/)
McNally v. U.S., 483 U.S. 350, 358 (1987). (https://supreme.justia.com/cases/federal/us/483/350/)
