18 U.S.C. § 1343 – Wire fraud

Understanding Wire Fraud Laws – 18 U.S.C. § 1343

Hey there! If you’re reading this, you probably want to learn more about wire fraud laws. I get it – legal stuff can be confusing. But have no fear, I’m here to break it down for you in simple terms;

Wire fraud refers to using electronic communications like the internet, email, phone calls, text messages, etc. to commit fraud. The main law dealing with wire fraud is 18 U.S.C. § 1343, which makes it a federal crime to scheme to defraud someone or obtain money/property through false pretenses using electronic communications that cross state lines or international borders.

What does 18 U.S.C. § 1343 say?

Here’s a quick rundown of what this law covers:

• It’s illegal to devise a scheme to defraud or obtain money/property through false statements using wire, radio, or TV communications that cross state or international borders.
• Punishment is up to 20 years in prison, fines, or both.
• “Wire communications” includes things like phone calls, emails, faxes, online messaging, social media, websites, etc.
• The law focuses on the intent – it doesn’t matter if the scheme succeeded or not.

So in simple terms, 18 U.S.C. § 1343 says it’s a federal crime to try to trick or scam someone out of money or property using electronic communications that cross state or country borders.

What does it mean to “defraud” someone?

Great question! When it comes to wire fraud, “defraud” means:

• Lying or making false statements
• Purposely not telling someone important information (omission)
• Making promises you know are false

So defrauding someone is basically being dishonest in order to get money or property from them. Some examples:

• Creating a fake website to get donations for a “charity” that doesn’t really exist
• Emailing potential investors false financial records to get them to invest in your company
• Posting fake rental listings on Craigslist and collecting application fees

What are some examples of wire fraud schemes?

There are tons of different wire fraud schemes out there. Here are some of the more common ones:

• Phishing – Sending emails pretending to be from a legitimate company (like a bank) to trick people into sharing personal information
• Romance scams – Developing a fake romantic relationship online to manipulate someone into sending money
• Fake online stores – Creating sham websites that claim to sell products but really just take people’s money
• Ponzi/pyramid schemes – Lying about fake investment opportunities to get people to “invest” money that’s actually funding payments to earlier participants
• Fake charities – Making up charitable causes and pocketing donations

Of course, con artists come up with new schemes all the time. But many wire fraud cases involve scammers exploiting people’s trust to get them to willingly part with their money.

What are some potential defenses?

If you’re accused of wire fraud, there are a few defenses that may help you fight the charges:

• You didn’t intend to defraud anyone – If there’s evidence showing you truly didn’t mean to mislead or scam anyone, this could undermine charges that you specifically intended to commit fraud.
• It was all a misunderstanding – Sometimes wire fraud accusations stem from genuine misunderstandings or miscommunications, not criminal intent.
• You were an unknowing participant – If you got roped into a scheme without realizing it was fraudulent, you may be able to avoid liability.
• The communications didn’t actually cross state lines – This would mean the activity doesn’t meet the federal wire fraud criteria.

An experienced criminal defense lawyer can help assess whether any of these defenses might apply in your specific case.

What are the penalties if convicted?

Wire fraud convictions can result in:

• Up to 20 years in federal prison
• Fines up to $250,000 for individuals or $500,000 for organizations
• Probation
• Restitution to victims
• Forfeiture of money or property obtained through the fraud

That’s some pretty serious punishment! The actual sentencing depends on things like the scope of the fraud, the amount of money/losses involved, and your criminal history.

How can I avoid accidentally committing wire fraud?

We all make mistakes, and it’s scary to think you could accidentally commit a crime. Here are some tips to steer clear of wire fraud issues:

• Be honest in all communications – don’t exaggerate, omit important details, or make promises you can’t keep.
• Make sure any claims about investments or business opportunities are supported by evidence.
• Don’t blindly forward things like chain emails, investment “opportunities,” or sob stories asking for money.
• Watch out for potential phishing attempts and verify the source before clicking links or attachments.
• If an offer seems too good to be true, it probably is!

Bottom line – if you come across anything fishy, or an opportunity that seems sketchy, trust your gut and don’t get involved!

Key Takeaways

• 18 U.S.C. § 1343 makes it illegal to scheme to defraud or obtain money/property through false statements using electronic communications crossing state/international borders.
• “Defrauding” basically means lying or deceiving to get money or property.
• Common wire fraud schemes include phishing, romance scams, fake charities, Ponzi schemes, and more.
• Potential defenses include lack of intent, misunderstandings, being an unknowing participant, or communications that didn’t actually cross state lines.
• Penalties can include fines up to $250K and prison up to 20 years.
• Avoid wire fraud issues by being honest in communications, verifying claims, and not blindly forwarding questionable offers.

I hope this overview helped explain the basics of wire fraud laws! Let me know if you have any other questions.

References:

• 18 U.S. Code § 1343 – Fraud by wire, radio, or television [1]
• Federal wire fraud charges (18 USC 1343 and 1349) [2]
• Wire Fraud (18 U.S.C. § 1343) | Los Angeles Federal Crime Lawyers [3]
• Mail and Wire Fraud: A Brief Overview of Federal Criminal Law [4]
• Wire Fraud – 18 U.S.C. § 1343 – Federal Criminal Defense Attorney [5]
• Mail and Wire Fraud: A Brief Overview of Federal Criminal Law [6]