What Is Wire Fraud?
Wire fraud is a federal crime under 18 U.S.C. § 1343. It covers using interstate or international wire, radio, or television communications, which can include phone calls, emails, and online transfers, to carry out a scheme to defraud or to get money or property by false pretenses. It is a felony punishable by up to 20 years in prison, or up to 30 years and a $1,000,000 fine in certain disaster-related or financial-institution cases.
What the law says
- 18 U.S.C. § 1343 makes it a crime to devise or intend to devise a "scheme or artifice to defraud," or to obtain money or property by false or fraudulent pretenses, representations, or promises, and to transmit or cause to be transmitted any writings, signs, signals, pictures, or sounds by wire, radio, or television communication in interstate or foreign commerce to carry out the scheme. 18 U.S.C. § 1343 (govinfo.gov)
- The basic penalty for wire fraud is a fine, up to 20 years in prison, or both. 18 U.S.C. § 1343 (govinfo.gov)
- If the violation relates to a presidentially declared major disaster or emergency, or affects a financial institution, the maximum rises to a $1,000,000 fine, 30 years in prison, or both. 18 U.S.C. § 1343 (govinfo.gov)
- The statute's amendment notes show the basic maximum prison term was raised from five years to 20 years in 2002, and the disaster-or-emergency enhancement was added in 2008. 18 U.S.C. § 1343 (govinfo.gov)
- Unless a statute sets a different amount, the maximum fine for an individual convicted of a federal felony is $250,000; alternatively, if the offense produced a gain or caused a loss to someone else, the fine can be up to twice the gross gain or twice the gross loss. 18 U.S.C. § 3571 (govinfo.gov)
- Under 18 U.S.C. § 1349, a person who attempts or conspires to commit wire fraud (or another offense in the same chapter) faces the same penalties as for the completed offense. 18 U.S.C. § 1349 (govinfo.gov)
- The general federal deadline to charge a non-capital offense is five years, but wire fraud and mail fraud that affect a financial institution have a 10-year deadline. 18 U.S.C. § 3293 (govinfo.gov)
- In Ciminelli v. United States (2023), the Supreme Court held that the "right-to-control" theory, which treated depriving a victim of potentially valuable economic information as enough, cannot support a federal fraud conviction because the right to control is not a traditional property interest. Ciminelli v. United States, 598 U.S. 306 (2023), Syllabus
- In Kousisis v. United States (2025), the Supreme Court held that a defendant who induces a victim to enter a transaction under materially false pretenses may be convicted of federal fraud even without seeking to cause the victim economic loss. Kousisis v. United States, 605 U.S. 114 (2025), Syllabus
- Justice Department policy says mail and wire fraud prosecutions ordinarily should not be brought for schemes made up of isolated transactions, with minor-loss disputes between individuals generally left to the states, but that serious consideration should be given to schemes aimed at a class of people or the general public. U.S. Department of Justice, Justice Manual 9-43.000 (Mail Fraud and Wire Fraud)
FAQ
Is wire fraud a federal crime?
Yes. It is defined in 18 U.S.C. § 1343 and requires an interstate or foreign wire, radio, or television transmission used to carry out a scheme to defraud.
What is the maximum sentence for wire fraud?
Up to 20 years in prison plus a fine. If it involves a presidentially declared disaster or emergency or affects a financial institution, up to 30 years and a fine of up to $1,000,000.
Does the victim have to lose money for it to be wire fraud?
Not necessarily. In Kousisis v. United States (2025), the Supreme Court held that inducing someone into a transaction through materially false pretenses can be federal fraud even if the defendant did not aim to cause economic loss. But in Ciminelli (2023) the Court said the scheme must target a traditional property interest, not just the right to control information.
Is conspiracy to commit wire fraud punished less?
No. Under 18 U.S.C. § 1349, attempt and conspiracy carry the same penalties as the wire fraud offense itself.
How long does the government have to charge wire fraud?
Generally five years under 18 U.S.C. § 3282, but 10 years if the offense affects a financial institution under 18 U.S.C. § 3293.
What is the difference between wire fraud and mail fraud?
Both require a scheme to defraud. Wire fraud (§ 1343) involves interstate or foreign wire, radio, or television communications; mail fraud (§ 1341) involves the Postal Service or a private or commercial interstate carrier. Both carry up to 20 years, or 30 years in the enhanced cases.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.