Hit Send, Meet the Feds: What Counts as a “Wire” Under Federal Wire Fraud Law, From Emails to Zoom Calls
When most people hear the word “wire,” they picture copper cables or a bank transfer. Federal prosecutors picture something much broader. Under federal wire fraud law, a “wire” can include an email, a text message, a phone call, and even a video meeting. So what exactly turns an ordinary communication into the basis for a federal charge? The answer has less to do with the technology than with the scheme behind it.
What the Statute Actually Says
The wire fraud statute, 18 U.S.C. § 1343, applies to anyone who, having devised or intending to devise a scheme to defraud, or to obtain money or property by false pretenses, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce any writings, signs, signals, pictures, or sounds for the purpose of executing the scheme. The words “writings, signs, signals, pictures, or sounds” cover a great deal of modern communication.
Because the language is technology-neutral, it has been applied to forms of communication that did not exist when the statute was written. A violation can carry up to 20 years in prison, and more when a financial institution is affected.
Emails, Texts, and Zoom Calls
Wire fraud charges commonly rely on:
- Emails sending false statements, invoices, or documents
- Text messages and messaging apps used to carry out or coordinate a scheme
- Phone calls, voicemail, and video calls, including Zoom or similar platforms
- Online banking, wire transfers, and electronic payments
- Website postings and electronic submissions to government or private programs
The communication does not have to be false itself. It only has to be used for the purpose of executing the scheme, and ordinary-looking messages can qualify if they were part of carrying out the plan. Each use of the wires can potentially be charged as a separate count, which is one reason wire fraud indictments can include many counts.
The Interstate Requirement and “Causing” a Wire
The statute requires the wire communication to travel in interstate or foreign commerce. A call or message that crosses state lines easily qualifies, and internet traffic is often routed across state lines even when the people communicating are in the same place. A person also does not have to personally press “send.” Causing a wire to be transmitted, when it was reasonably foreseeable, can be enough.
Prosecutors still have to prove the heart of the case: a scheme to defraud, intent to defraud, and interstate wires used to carry it out. A poor business outcome or a broken promise is not automatically fraud, and intent is often where these cases are decided. Because business emails and calls can be preserved and reviewed years later, wire fraud counts are often paired with conspiracy under 18 U.S.C. § 1349, which makes the agreement itself a crime.
Contact The Law Offices of Jason Goldman About Wire Fraud Allegations
A federal wire fraud investigation can begin with an email or a call nobody thought twice about. Our New York City federal wire fraud attorneys at The Law Offices of Jason Goldman can explain how these laws may apply to your situation. Contact The Law Offices of Jason Goldman today for a confidential consultation.
Source:
law.cornell.edu/uscode/text/18/1349