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 Kansas, 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. Conviction of wire fraud can result in severe penalties, including lengthy prison sentences, substantial fines, orders for restitution to victims, and probation. Since wire fraud is a federal offense, it is prosecuted by federal attorneys and adjudicated in federal courts, regardless of the state where the offense occurred. Therefore, individuals in Kansas suspected of wire fraud would be subject to the same federal laws and penalties as those in other states.