Wire Fraud — Elements of the Offense (18 U.S.C. Sec. 1343) (revised 2017) is a federal crime in the United States which covers fraud and related activity in which the means of communication used is an interstate or foreign wire, radio, or television communication. The offense is committed when a person, with the intent to defraud, knowingly and willfully transmits or causes to be 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 executing such scheme or artifice. The elements of Wire Fraud are: 1. The defendant must have devised or intended to devise a scheme or artifice to defraud; 2. The defendant must have acted knowingly and willfully; 3. The defendant must have used wire, radio, or television communication in interstate or foreign commerce; 4. The communication must have been made with the intent to defraud; 5. The communication must have been for the purpose of executing the fraudulent scheme. The types of Wire Fraud — Elements of the Offense (18 U.S.C. Sec. 1343) (revised 2017) include, but are not limited to, mail fraud, wire fraud, bank fraud, and computer fraud.
Wire Fraud - Elements of the Offense (18 U.S.C. Sec. 1343) (revised 2017)
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FAQ
Federal courts have generally recognized two main areas of public-sector honest service fraud: bribery (direct or indirect), where a public official was paid in some way for a particular decision or action, and failure to disclose a conflict of interest, resulting in personal gain.
Honest services fraud is defined in federal statute 18 U.S.C. §1346 as a scheme to defraud another of the intangible right to honest services through a scheme to violate a fiduciary duty by bribery or kickbacks. A fiduciary duty is a duty to act only for the benefit of the public, an employer, shareholders, or a union.
§1346. Definition of "scheme or artifice to defraud" For the purposes of this chapter, the term "scheme or artifice to defraud" includes a scheme or artifice to deprive another of the intangible right of honest services.
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.
§ 1344 defines federal bank fraud as: ?knowingly executing or attempting a scheme or artifice to defraud a financial institution, or to obtain financial institution money, funds, credit, assets, securities, or other property by false or fraudulent pretenses, representations, or promises.?
The essential elements of conspiracy to commit mail fraud or wire fraud in violation of 18 U.S.C. § 371, are (1) an agreement between two or more persons; (2) to commit mail fraud or wire fraud; and (3) an overt act committed by one of the conspirators in furtherance of the conspiracy.
"There are two elements in mail fraud: (1) having devised or intending to devise a scheme to defraud (or to perform specified fraudulent acts), and (2) use of the mail for the purpose of executing, or attempting to execute, the scheme (or specified fraudulent acts)." Schmuck v.
§ 1343 criminalizes the devising of (or the intent to devise) any scheme to defraud or to acquire money or property under false pretenses, by use of some form of electronic communication (wire, radio, television, internet, or even instant messages and text messages) in interstate or foreign commerce.