Wire fraud is one of the most commonly charged federal crimes in today’s digital world. As more transactions move online, more people are unknowingly exposed to legal risk. Understanding what wire fraud is, and how it differs from mail fraud, can help protect you or your business from federal charges.
What Is Wire Fraud?
Wire fraud is covered under 18 U.S. Code § 1343. To charge someone with wire fraud, the government must prove several key elements:
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A Scheme to Defraud: The person must have voluntarily and intentionally created or participated in a plan to defraud another individual or business out of money, property, or property rights.
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Intent to Defraud: The scheme must be carried out with the goal of deceiving someone in order to gain money or property.
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Use of Interstate Wire Communication: The scheme must involve, or be carried out using, electronic communications across state lines. This includes email, fax, text messages, wire transfers, or phone calls.
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Telemarketing Scheme or Financial Institution Impact (Optional): In some cases, prosecutors may also show that the scheme involved telemarketing or affected a financial institution such as a bank.
Examples of Wire Fraud
To better understand how wire fraud happens in real life, here are a few examples:
Phishing Scams
Phishing scams are emails or messages that appear to come from a trusted source such as a bank, insurance company, or government agency. They often ask for personal or account information. Once obtained, scammers can access your funds or make purchases in your name. Because the scheme happens electronically, it can lead to a wire fraud charge.
Business Email Compromise
In these cases, a scammer pretends to be a legitimate business and requests payment for a fake invoice. If the request is made via email or another electronic method, and the payment is sent, it can be charged as wire fraud.
Telemarketing Scams
A scammer might call pretending to offer a product or service, or even threaten to shut down an account. If they convince someone to send money or account details during that phone call, this can also be prosecuted as wire fraud.
Fake Invoices
If a company submits an electronic invoice for services never performed or inflates the amount of work done, it may be charged with wire fraud. This often involves government benefit programs or private business transactions conducted by email or online portals.
Fraudulent Insurance Claims
If someone electronically submits an insurance claim with false information—such as an exaggerated value or a fake incident—they may face a wire fraud charge. This includes claims sent by email, online forms, or fax.
Wire Fraud vs. Mail Fraud
The two crimes are similar, but the main difference is how the fraud is carried out. If the fraud is committed through traditional mail, it may be charged as mail fraud. If it is done through electronic communication, it becomes wire fraud.
What To Do If You Are Accused
It is a federal offense that carries serious penalties, including prison time and large fines. If you are under investigation or have been charged, it is critical to speak with a knowledgeable defense attorney right away.
Contact Ryan Pacyga Today
If you have been accused of wire fraud or are being investigated, take action now. Call Ryan Pacyga at 612-339-5844 or visit arrestedmn.com to schedule a confidential consultation.