Wire fraud — Each transmission by wire communication a separate offense is a type of federal crime that involves the use of electronic communications, such as telephone, internet, or other forms of electronic media, to commit fraud. It is usually committed for the purpose of obtaining money, property, or services by deceiving or misleading victims. Wire fraud can be broken down into two main types: (1) Wire Fraud involving the use of a telecommunications device and (2) Wire Fraud involving the use of an electronic storage device. The first type of wire fraud, involving the use of a telecommunications' device, involves the sending of a message, usually via telephone, television, radio, or computer, containing false information for the purpose of obtaining money, property, or services. The false information can be in the form of a misrepresentation, omission, or exaggeration. The second type of wire fraud involves the use of an electronic storage device, such as a computer, to store false information for the purpose of obtaining money, property, or services. This type of fraud is often referred to as “phishing”. It is usually accomplished by sending a fake email or text message containing a link or attachment that contains malicious software. Wire fraud is a serious offense and is punishable by a fine, imprisonment up to 20 years, or both. Furthermore, each transmission by wire communication is considered a separate offense and carries its own penalties.
Wire Fraud - Each Transmission by Wire Communication a Separate Offense
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Under federal law, the crime of Wire Fraud is a Class C felony, punishable by up to twenty years in prison, three years of supervised release, and $250,000 in fines.
Common forms of wire fraud include telemarketing schemes and online phishing scams. Phishing refers to the fraudulent use of emails with the intent to obtain the email recipient's personal information, such as their bank account numbers or identity information like their Social Security number.
Wire fraud is a criminal offense under federal law. It involves any scheme to defraud another person that uses electronic communications, either across state lines or internationally.
For that reason, federal rather than state authorities bring charges for wire fraud in most cases. A sentence may be as low as a few months probation. Aggravating factors, on the other hand, can push that sentence to more than 30 years.
Individuals who commit wire fraud face a maximum of twenty years in prison and a $250,000 fine. The maximum penalties in cases involving financial institutions are 30 years in prison and a $1 million fine.
Under the United States Sentencing Commission, Guidelines Manual, §2B1, a person convicted of Wire Fraud would be assigned a base offense level between 6-36, which carries a guideline range of probation up to 33 months in prison before taking into account any mitigating or aggravating circumstances.
3d 1006 (1st Cir. 1993) (to prove wire fraud government must show (1) scheme to defraud by means of false pretenses, (2) defendant's knowing and willful participation in scheme with intent to defraud, and (3) use of interstate wire communications in furtherance of scheme); United States v.