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 Delaware, as in all states, wire fraud is primarily governed by federal law, specifically 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, an individual faces severe penalties, including lengthy prison sentences, substantial fines, mandatory restitution to victims, and probation. The actual sentence can vary based on the specifics of the crime, including the amount of money involved and the defendant's criminal history. It's important to note that while the state of Delaware may have its own laws regarding fraud, wire fraud cases are typically prosecuted under federal law due to the interstate nature of the communications involved.