Wire fraud is a federal crime and is committed when wire technology (generally electronic transmissions by telephone, bank wire, internet, or other wire signal) is used to commit a fraud. 18 U.S. C. §1343. Wire fraud has two elements: (1) the defendant devised or intended to devise a scheme to defraud, or to obtain money or property using fraudulent pretenses, representations, or promises; and (2) the defendant used wire technology for the purpose of executing or attempting to execute the scheme or fraudulent acts. It is not necessary that the use of wire technology be an essential part of the fraudulent scheme.
Wire fraud is a felony offense with potential punishments of decades-long prison sentences, financial penalties, restitution obligations, and probation terms.
In Arkansas, as in all states, wire fraud is primarily governed by federal law under 18 U.S.C. § 1343. This statute defines wire fraud as the use of wire, radio, or television communications in interstate or foreign commerce with the intent to carry out a scheme to defraud or obtain money or property under false pretenses. The law does not require that the use of wire technology be essential to the fraudulent scheme, only that it is used in some way to facilitate the fraud. If convicted of wire fraud, the defendant faces severe penalties, including potentially long prison sentences, substantial financial fines, orders for restitution to compensate victims, and probation. It's important to note that while wire fraud is a federal crime, state laws may also apply to fraudulent activities that involve wire communications within the state. However, federal law typically takes precedence in cases of wire fraud that involve interstate or foreign communications. Individuals facing wire fraud charges in Arkansas should seek the counsel of an experienced attorney to navigate the complexities of federal and state laws that apply to their case.