12/5/2023 0 Comments Wire fraud definition![]() There was use of wire, radio or television communication to further the scheme.The prosecution has to show that you knew about the scheme, understood it and voluntarily participated in it. In other words, you can’t accidentally commit wire fraud. The defendant had specific intent to commit fraud.They must show that you planned to use a false statement, promise, or misrepresentation in order to obtain money or something of value from someone else. The defendant participated in a scheme to commit fraud.While the precise list of elements can vary between federal districts, we can generally sum up the elements as: These are known as the “elements of the crime.” Copyright MoloLamken LLP 2018.In order to convict you of wire fraud, the prosecutor will have to prove beyond a reasonable doubt that certain facts in the case were true. “Brilliant lawyers with courtroom savvy” – Benchmark Litigation. To learn more about corporate and executive criminal liability, follow us on LinkedIn. And wire fraud was among the charges initially levied against Bernie Madoff arising from his billion-dollar Ponzi scheme. For example, former Virginia Governor Bob McDonnell – whose conviction was later overturned by the Supreme Court – was charged with wire fraud related to payments and gifts that he had accepted from a local businessman. Wire fraud is a particularly common charge in cases involving public corruption and financial crimes. Wire fraud is a favorite of prosecutors and has been charged with increasing frequency given the ubiquity of wire communications in modern American life. So, to violate the wire fraud statute, a wire transmission must have crossed a state line. A wire fraud prosecution, however, requires an interstate wire transmission because the Commerce Clause gives Congress the authority to regulate only interstate commerce. ![]() ![]() Because of its roots in the Postal Clause, the mail fraud statute can reach any use of the mails – even a mailing that occurs entirely within a single state. The wire fraud statute, on the other hand, is an exercise of Congress’s authority under the Commerce Clause. The mail fraud statute is a product of Congress’s power to establish post offices and post roads under the Postal Clause. The differing jurisdictional hooks are a reflection of the different sources of constitutional authority that allowed Congress to enact the mail and wire fraud statutes. In contrast, the wire fraud statute requires the use of an interstate wire transmission such as an email, a fax, a phone call, a text message, or the use of an internet chat room. Postal Service or any private or commercial interstate carrier (like FedEx or UPS) to further the commission of the fraud. Under the mail fraud statute, the defendant must use the U.S. The main difference between mail and wire fraud is the “jurisdictional hook” that allows the Department of Justice to prosecute this conduct as a federal crime. In other words, the defendant must have deployed a means of deception or deceit – for example, false statements, misrepresentations, or concealment – to deprive the victim of money or property. Both mail and wire fraud require a scheme to defraud the victim of money or property. Mail fraud and wire fraud are two of the most common crimes charged by federal prosecutors.
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