United States of America v. David Michael Rosebud Mathison

Great Falls, Montana criminal defense lawyer represented the Defendant charged with wire fraud.



18 U.S.C. § 1343, the federal wire fraud statute, defines and criminalizes the use of interstate or foreign wire communications to execute a scheme intended to defraud someone of money or property. Essentially, it's a form of fraud that leverages electronic communication for deceptive purposes.

Key elements of the crime, as defined by law, are:



1. Scheme to Defraud:

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There must be a plan or artifice designed to deceive someone out of money or property.

2. Material Misrepresentation:

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The scheme must involve false or misleading statements, or the omission of material facts, that are capable of influencing the victim.

3. Intent to Defraud:

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The person must have acted with the specific intent to deceive and defraud the victim.

4. Interstate or Foreign Wire Communication:

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The fraudulent scheme must involve the use of wire, radio, or television communication in interstate or foreign commerce.



In simpler terms, 18 U.S.C. § 1343 makes it illegal to:



Devise a plan to defraud someone using electronic communication.

Transmit false information or make false promises through electronic means (like phone calls, emails, or internet transmissions) to execute the fraudulent scheme.

Intend to obtain money or property through these deceptive means.



Examples of Wire Fraud:



Phishing scams designed to steal personal information.

Online investment schemes that make false promises.

Telemarketing fraud using misleading or deceptive claims.

Work-at-home schemes that require upfront payments but deliver little or nothing.



Penalties for Wire Fraud:



Fines.



Imprisonment, potentially up to 20 years.

In some cases, including those involving financial institutions or disasters, penalties can be increased to fines up to $1,000,000 and imprisonment up to 30 years, according to FindLaw.



It is important to note that the wire communication does not need to be the core element of the fraud, but only needs to be used in furtherance of the scheme, according to Congress.gov.



Justice Manual | 941. 18 U.S.C. 1343—Elements of Wire Fraud | United States Department of Justice

Department of Justice

BOP 5 MONTHS with 3 years supervised release to follow. $100 special assessment. Restitution $16,986.50.