You might have heard about wire fraud in famous Hollywood movies like ‘The Bourne Legacy. But if you have seen mail that is addressed to you by a Nigerian prince willing to send you money, then you, too, have been a victim of wire fraud.
In this article, we will be discussing the concept of wire fraud along with the many kinds of wire fraud.
What Is Wire Fraud?
Wire fraud is a federal crime when electronic communication means like email and text messaging are used for conducting a criminal act.
The crime of wire fraud is covered in the United States under the ‘U.S. Code, Title 18.’
The investigation and prosecution of wire fraud fall under the jurisdictions of the Department of Justice and the Federal Bureau of Investigation. Additionally, if you commit wire fraud, you will also be violating state and local laws of your region.
So, you will be subjected to persecution and arrest in state criminal courts.
Elements Of Wire Fraud
There are five elements that determine a crime as wire fraud.
- The accused has attempted to scheme in a commitment of fraud.
- The scheme includes lies or omissions.
- This has led to the occurrence of loss of money, property, or services.
- The accused has intended or has used wire communications like the internet, telephone, or cell phone.
- The accused has used interstate wire to commit the fraud.
Mail Fraud Vs Wire Fraud: Differences
Wire fraud and mail fraud are two major crimes that federal prosecutors charge.
Both wire and mail fraud has the common intention of defrauding the victim of money or property.
The main difference between mail fraud and Cyber Fraud is its ‘jurisdictional angle.’ This allows the Department of Justice to prosecute the crime as a federal crime.
If you have been a victim of mail fraud, then there is a chance that the defendant has made use of the U.S. Postal Services or any commercial interstate carrier (like UPS or FedEx) to commit the crime.
On the other hand, a commission of wire fraud occurs through the interstate wire transmissions like email, fax, phone call, or internet chat rooms.
The different jurisdictional aspects of wire fraud and mail fraud have two different constitutional authorities for Congress to enact different regulations.
Mail fraud is a statute that has been included in the Postal clause. On the other hand, the statute for cyber fraud is an exercise of Congress’s jurisdiction under the commerce clause.
The differences are vital for both kinds of fraud. Wire fraud generally makes use of wire communication and is included under the commerce clause. Mail fraud, on the other side, is included within the postal clause.
However, the charge of wire fraud is only applicable when it has crossed the state line. This will lead to the occurrence of violating the cyber fraud statutes.
Examples Of Wire Fraud
There are a variety of ways criminals make use of wire communications for the purpose of defrauding their victims.
Here are a few examples of wire fraud that occur within the United States:
Telemarketing
Fraudsters have been making use of telephones with the intention of scamming their victims.
The process of telemarketing starts with the fraudster making the call to the victim. Then the criminal will make false statements to the victim. Finally, the victim falls for the lies of the fraudster and transfers the money to the criminal.
Telemarketing usually occurs by the fraudster calling the victim, telling them they are winners of a lottery. The victim is then required to share their personal information to acquire the prize.
Phishing
Most wire frauds nowadays occur on the internet. Phishing is a very common form of wire fraud.
This scam takes place when the scamster sends an email or text to the victim, posing as a real organization like a bank.
Phishing is conducted for the attainment of the personal and financial details of the victim for the purpose of taking their money illegally.
Catfishing
Catfishing is when criminals pose in their fake identities for the purpose of developing romantic relations with the victim on online platforms.
Once the relationship has been established, the fraudster might ask the victim to assist them with a huge sum of money.
Nigerian Prince Scam
The Nigerian prince scam is one of the most well-known wire frauds, which involves a fake Nigerian prince.
In this scam, the criminals claim themselves as a Nigerian prince who is facing issues in his home country.
The scammer claims that he or she has a huge amount of funds in their bank account and requires the victim’s bank details for depositing the amount to keep them safe from revolutionaries.
And It’s A Wrap!
Now you know the concept of wire fraud in the United States.
If you are charged with a wire fraud crime, it is advised to take guidance from an experienced criminal defense lawyer.
However, if you are a victim of wire fraud, then you are advised to hire an experienced criminal prosecutor to advocate for your rights.
