8.124 Wire Fraud (18 U.S.C. Sec. 1343)

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/

8.124 Wire Fraud (18 U.S.C. Sec. 1343) is a federal crime that involves using interstate wire communications to commit fraud or other crimes. It involves using any type of wire communication to execute any scheme or artifice to defraud another person or organization of money or property. Examples of wire fraud include using email, text messages, telephone calls, or the internet to commit fraud. The types of 8.124 Wire Fraud (18 U.S.C. Sec. 1343) include: • IdentitTheef— – using someone else’s identity to commit fraud. • Bank Frau— – using false or fraudulent information to access someone’s bank account. InvestmentForForFupud – providing false or misleading information to induce someone to invest in a security. • Mortgage Frau— – providing false or fraudulent information to obtain a mortgage. • Tax Frau— – providing false or fraudulent information to avoid paying taxes. • Internet Frau— – using the internet to commit fraud. • MoneLaunderingin— – using wire communications to transfer funds illegally.

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FAQ

Wire fraud occurs when someone uses wire, radio, or television communications to defraud others. This can include sending false information in order to obtain money or property, or sending threats to harm another person. Wire fraud is punishable by up to 20 years in prison, and can result in a fine of up to $250,000.

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.

A single act of wire fraud can result in fines and up to 20 years in prison. However, if the wire fraud scheme affects a financial institution or is connected to a presidentially declared disaster or emergency, the potential penalties are fines of up to $1,000,000 and up to 30 years in prison.

18 U.S.C. § 1349, entitled Attempt and Conspiracy, allows the government to prosecute cases where federal fraud was attempted but ultimately unsuccessful.

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.

"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.

Under 18 U.S.C. Section 1343, the statute of limitations for wire fraud is five years. After the statute of limitations expires, the government is barred from prosecuting you.

"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.

More info

In a case involving wire fraud that "affects a financial institution" within the meaning of 18 U.S.C. § 1343, see United States v. Title 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 63 - MAIL FRAUD AND OTHER FRAUD OFFENSES Sec.Pub. L. 91–375, set out as an Effective Date note preced- ing section 101 of Title 39, Postal Service. BROOKE CAMPBELL SOLIS with Wire Fraud in violation of 18 U.S.C. § 1343. 3. Section 1344) although the Supreme Court has suggested that bank fraud may not always require an intent to defraud a bank (see Loughrin v. Read this complete 18 U.S.C. § 1343 - U.S. Code - Unannotated Title 18. Crimes and Criminal Procedure § 1343.

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8.124 Wire Fraud (18 U.S.C. Sec. 1343)