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 North Dakota, as in all states, wire fraud is considered a federal crime under 18 U.S.C. § 1343. This statute defines wire fraud as the use of wire technology, such as telephone, internet, or bank wires, to carry out a scheme to defraud or to obtain money or property by false pretenses, representations, or promises. The law requires two elements to be proven for a conviction: first, that the defendant had devised or intended to devise a fraudulent scheme, and second, that they used wire communications to execute or attempt to execute this scheme. It is important to note that the actual success of the fraud is not necessary for a charge of wire fraud; the attempt itself is sufficient. Conviction of wire fraud can result in severe penalties, including long prison sentences, substantial financial fines, orders for restitution to victims, and probation. An attorney can provide specific guidance on the implications of wire fraud charges and the legal defenses available to those accused.