WIRE FRAUD - 18 USC 1343, makes
it a Federal crime or offense for anyone to use interstate
wire communications facilities in carrying out a scheme
to defraud.
A person can be found guilty of that offense only
if all of the following facts are proved beyond a
reasonable doubt:
First: That the person knowingly and willfully devised
a scheme to defraud, or for obtaining money or property
by means of false pretenses, representations or promises;
and
Second: That the person knowingly transmitted or
caused to be transmitted by wire in interstate commerce
some sound for the purpose of executing the scheme
to defraud.
It is not necessary that the Government prove all
of the details concerning the precise nature and purpose
of the scheme; or that the material transmitted by
wire was itself false or fraudulent; or that the alleged
scheme actually succeeded in defrauding anyone; or
that the use of interstate wire communications facilities
was intended as the specific or exclusive means of
accomplishing the alleged fraud.
What must be proved is that the person knowingly
and willfully devised or intended to devise a scheme
to defraud; and that the use of the interstate wire
communications facilities was closely related to the
scheme because the person either wired something or
caused it to be wired in interstate commerce in an
attempt to execute or carry out the scheme.
To "cause" interstate wire facilities to
be used is to do an act with knowledge that the use
of the wires will follow in the ordinary course of
business or where such use can reasonably be foreseen.
Each separate use of the interstate wire facilities
in furtherance of a scheme to defraud constitutes
a separate offense.
