June 8, 2005
Wire Fraud Requires Interstate Transmission
18 U.S.C. s 1343 seems clear - - wire fraud requires an interstate transmission. The government, however, recently argued that all you need is an "instrument of an integrated system of interstate commerce." If this approach were taken, would all state phone calls become subject to the wire fraud statute, even if intrastate?
A U.S. District Court in Mass. rejected this government stretching of the wire fraud statute, and today dismissed the wire fraud convictions in a case handled by Atty. David Hoose. Judge D.J Ponsor supported this dismissal on three grounds, including the plain language of the statute.
See order here Download order_granting_rule_29_on_wire_fraud.pdf
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