Many title companies in Florida are warning their customers about wire fraud. Real estate transactions have been highlighted in recent years because they often involve wire transfers of hundreds of thousands of dollars. Here is how the court addresses wire fraud in criminal court.
The United States Department of Justice Statute 941.18 U.S.C. 1343 details wire fraud elements. Unlike mail fraud’s use of the postal system, wire fraud uses electronic communication or an interstate telephone call to perpetuate the crime. The defendant commits the crime knowingly to defraud the other person or was involved in the scheme. The court must prove the defendant used both a wire transfer to commit the fraud and had the intent to defraud. These schemes result in the taking of money from one or more persons.
Justia defines the elements of mail fraud as using the mail system to defraud someone. Both mail and wire fraud are similar, but the means used to commit the crime are slightly different. Tax fraud, insurance fraud, and bank fraud can all fall under wire fraud. Evading taxes or making fraudulent warranty claims against a business may fall under wire fraud. Even someone who did not personally send the communication transmission or defraud another may be found guilty.
With the latest advancements in technology, wire fraud is more prominent than its similar crime mail fraud. Wire fraud is not a crime to try to use personal representation. An experienced criminal attorney can explain the defendant’s rights and plead their case.