What constitutes the crime of wire fraud?
It is a federal crime for anyone to use interstate communications facilities (whether that be wire, radio, or television) in carrying out a scheme to defraud. Before someone can be convicted of this crime, the prosecution must prove the following four things beyond a reasonable doubt:
- That the accused knowingly devised or participated in a scheme to defraud, or for obtaining money or property by means of false pretenses, representations or promises;
- That the false pretenses, representations or promises related to a material fact;
- That the accused did so willfully and with an intent to defraud; and
- That the accused transmitted or caused to be transmitted by wire or radio or television in interstate commerce some communication for the purpose of executing the scheme to defraud.
Have more questions or interested in a consultation?
Have a question about federal crime that you can’t find on the website? Please use this form to send a question or to contact Ron Chapman: