https://www.justice.gov/archives/jm/criminal-resource-manual-941-18-usc-1343-elements-wire-fraud
The elements of wire fraud under Section 1343 directly parallel those of
the mail fraud statute, but require the use of an interstate telephone call
or electronic communication made in furtherance of the scheme. United
States v. Briscoe, 65 F.3d 576, 583 (7th Cir. 1995) (citing United States
v. Ames Sintering Co., 927 F.2d 232, 234 (6th Cir. 1990) (per curiam));
United States v. Frey, 42 F.3d 795, 797 (3d Cir. 1994) (wire fraud is
identical to mail fraud statute except that it speaks of communications
transmitted by wire); see also, e.g., United States v. Profit, 49 F.3d 404,
406 n. 1 (8th Cir.) (the four essential elements of the crime of wire fraud
are: (1) that the defendant voluntarily and intentionally devised or
participated in a scheme to defraud another out of money; (2) that the
defendant did so with the intent to defraud; (3) that it was reasonably
foreseeable that interstate wire communications would be used; and (4) that
interstate wire communications were in fact used) (citing Manual of Model
Criminal Jury Instructions for the District Courts of the Eighth Circuit
6.18.1341 (West 1994)), cert. denied, 115 S.Ct. 2289 (1995); United States
v. Hanson, 41 F.3d 580, 583 (10th Cir. 1994) (two elements comprise the
crime of wire fraud: (1) a scheme or artifice to defraud; and (2) use of
interstate wire communication to facilitate that scheme); United States v.
Faulkner, 17 F.3d 745, 771 (5th Cir. 1994) (essential elements of wire
fraud are: (1) a scheme to defraud and (2) the use of, or causing the use
of, interstate wire communications to execute the scheme), cert. denied,
115 S.Ct. 193 (1995); United States v. Cassiere, 4 F.3d 1006 (1st Cir.
1993) (to prove wire fraud government must show (1) scheme to defraud by
means of false pretenses, (2) defendant's knowing and willful participation
in scheme with intent to defraud, and (3) use of interstate wire
communications in furtherance of scheme); United States v. Maxwell, 920
F.2d 1028, 1035 (D.C. Cir. 1990) ("Wire fraud requires proof of (1) a
scheme to defraud; and (2) the use of an interstate wire communication to
further the scheme.").
[cited in JM 9-43.100]
