18 U.S.C. Sec. 1343 is a federal statute that criminalizes the use of wire communication in the commission of certain fraud offenses. This section prohibits the use of any “communication in interstate or foreign commerce” with the intent to defraud another of money or property. It applies to telephones, computers, television, radio, the internet, and other forms of wire communication. Specifically, the types of wire communication prohibited by this section include wire fraud, mail fraud, bank fraud, credit card fraud, and other forms of fraud involving the use of wire communication. Penalties for a conviction under this section can include up to twenty years in prison and fines of up to $250,000.
18 U.S.C. Sec. 1343 WIRE COMMUNICATION
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Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm
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"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.
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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.
The crime of wire fraud occurs when someone voluntarily and intentionally uses an interstate communications device (such as a telephone) as a part of any scheme to defraud another of property, or anything else of value. The main criminal statutes that apply to wire fraud are 18 U.S.C. §§ 1343 and 1349.
The essential elements of Wire Fraud are the existence of a fraudulent scheme, and the use of interstate telephone or other electronic communications to execute, or attempt to execute, that scheme.
Section 1343 of title 18, United States Code, is amended by inserting: ''occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connec- tion with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the