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Wire fraud crimes refer broadly to any fraudulent or deceitful scheme to secure money or property, committed or aided through the use of interstate "wires" -- meaning television, radio, telephone, or computer modem. Almost all instances of wire fraud are considered federal crimes, due to their potential interstate effects.

WIRE FRAUD18 USC 1343, makes it a Federal crime or offense for anyone to use interstate wire communications facilities in carrying out a scheme to defraud.

A person can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

First: That the person knowingly and willfully devised a scheme to defraud, or for obtaining money or property by means of false pretenses, representations or promises; and

Second: That the person knowingly transmitted or caused to be transmitted by wire in interstate commerce some sound for the purpose of executing the scheme to defraud.

It is not necessary that the Government prove all of the details concerning the precise nature and purpose of the scheme; or that the material transmitted by wire was itself false or fraudulent; or that the alleged scheme actually succeeded in defrauding anyone; or that the use of interstate wire communications facilities was intended as the specific or exclusive means of accomplishing the alleged fraud.

What must be proved is that the person knowingly and willfully devised or intended to devise a scheme to defraud; and that the use of the interstate wire communications facilities was closely related to the scheme because the person either wired something or caused it to be wired in interstate commerce in an attempt to execute or carry out the scheme.

To "cause" interstate wire facilities to be used is to do an act with knowledge that the use of the wires will follow in the ordinary course of business or where such use can reasonably be foreseen.

Each separate use of the interstate wire facilities in furtherance of a scheme to defraud constitutes a separate offense.


941 18 U.S.C. 1343—Elements of Wire Fraud
The elements of wire fraud under Section 1343 directly parallel those of the mail fraud statute, but require the use of an interstate telephone call or electronic communication made in furtherance of the scheme. United States v. Briscoe, 65 F.3d 576, 583 (7th Cir. 1995) (citing United States v. Ames Sintering Co., 927 F.2d 232, 234 (6th Cir. 1990) (per curiam)); United States v. Frey, 42 F.3d 795, 797 (3d Cir. 1994) (wire fraud is identical to mail fraud statute except that it speaks of communications transmitted by wire); see also, e.g., United States v. Profit, 49 F.3d 404, 406 n. 1 (8th Cir.) (the four essential elements of the crime of wire fraud are: (1) that the defendant voluntarily and intentionally devised or participated in a scheme to defraud another out of money; (2) that the defendant did so with the intent to defraud; (3) that it was reasonably foreseeable that interstate wire communications would be used; and (4) that interstate wire communications were in fact used) (citing Manual of Model Criminal Jury Instructions for the District Courts of the Eighth Circuit 6.18.1341 (West 1994)), cert. denied, 115 S.Ct. 2289 (1995); United States v. Hanson, 41 F.3d 580, 583 (10th Cir. 1994) (two elements comprise the crime of wire fraud: (1) a scheme or artifice to defraud; and (2) use of interstate wire communication to facilitate that scheme); United States v. Faulkner, 17 F.3d 745, 771 (5th Cir. 1994) (essential elements of wire fraud are: (1) a scheme to defraud and (2) the use of, or causing the use of, interstate wire communications to execute the scheme), cert. denied, 115 S.Ct. 193 (1995); United States v. Cassiere, 4 F.3d 1006 (1st Cir. 1993) (to prove wire fraud government must show (1) scheme to defraud by means of false pretenses, (2) defendant's knowing and willful participation in scheme with intent to defraud, and (3) use of interstate wire communications in furtherance of scheme); United States v. Maxwell, 920 F.2d 1028, 1035 (D.C. Cir. 1990) ("Wire fraud requires proof of (1) a scheme to defraud; and (2) the use of an interstate wire communication to further the scheme.").

Wire fraud is defined as attempting to defraud using electronic means, such as a computer or telephone. What must be proved is that the person knowingly and willfully devised or intended to devise a scheme to defraud. Since the advent of the internet, there are literally thousands of crimes that fall under the definition of wire fraud. Here we’re going to take a look at some of the more common forms of wire fraud, why they occur, and how you can protect yourself.

Wire Fraud In Banking

While security measures have certainly increased over the years, banks still fall victim to wire fraud, costing them millions of dollars or more every year. Since banks are constantly wiring extremely large sums of money back and forth between accounts, it may take them awhile to notice when a large sum of money goes missing. This type of fraud is usually perpetrated by insiders who forge documents a wire money to foreign accounts. Other common ways this can occur is via the internet, through fraudulent activity such as stolen identities, stolen credit card numbers, and hacked internet banking accounts.

Wire Fraud On The Internet

The internet is a haven for con artists. A great example of wire fraud on the internet is commonly known as the “Nigerian”, or the “419 scam”. There are many other forms of wire fraud that may occur on the internet. A few common ones are:

Email Phishing: The practice of sending out fake emails that look legitimate, in order to steal information such as passwords, credit card numbers, or personal information.

Identity Theft: Usually perpetrated by people who set up legitimate looking websites designed to trick users into submitting personal information, similar to a loan or insurance application.. Other methods may include hacking databases containing business information, or accessing a personal hard drive illegally to steal personal information.

Fraudulent Business Sales: This is a common scam targeting webmasters and potential investors. When valuing an internet business, revenue, traffic, and the future potential value of the website are used to estimate the value. By faking revenue and traffic proof, a con artist can inflate perceived value of the website, sometimes scamming victims out of thousands of dollars.

Wire Fraud On The Phone

Wire fraud commonly occurs over the telephone as well. A con artist will call your house, and try to talk you out of personal information. Common scams involve criminals posing as salesmen, loan officers, and other business professionals in order to collect personal information such as credit card numbers or social security numbers.

Protecting Yourself

Wire fraud is a very real threat in the world today. By using a little bit of common sense, you can avoid becoming a victim yourself. Don’t give out personal information over the telephone to unsolicited callers without doing an extensive check on their background. Be careful what kind of websites you use to conduct financial transactions. There are many legitimate websites where doing credit card transactions, or even loan applications is extremely secure. Be wary of any unknown websites. Bottom line, don’t give out your personal information to strangers. With just a little bit of common sense you can avoid becoming a victim of wire fraud yourself.



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