Use of a Wire Communication in Interstate or Foreign
The statute requires a transmission in interstate or foreign
See United States v. Mann, 884 F.2d 532, 536 (10th Cir. 1989);
see also United States v. Van Cawenberghe, 827 F.2d 424, 430
Cir. 1987) (telex transmission was in interstate commerce because its path
included the interstate transmission from New York to Los Angeles), cert.
denied, 484 U.S. 1024 (1988). Accordingly, an intrastate transmission
not constitute an offense. See Boruff v. United States, 310
918 (5th Cir. 1962).|
QUERY: What is the definition of Foreign Commerce?
In 1956 the wire fraud statute was amended to include transmissions
"foreign commerce." Pub.L. No. 84-688, 70 Stat. 523 (1956). Generally, the
"foreign commerce" is defined as including "commerce with a foreign
18 U.S.C. § 10; see generally, United States v. Goldberg,
F.2d 459, 461-65 (3d Cir. 1987) (wire fraud arising from the transfer of
by wire from Montreal, Canada to Nassau, Bahamas caused by telephone calls
originated from the United States), and 830 F.2d at 468 n. 1 (J. Sloviter,
dissenting in part and concurring in part) ("[T]he examples in the
history of 'foreign commerce' to which the amended provision was to apply
included transmissions between a foreign country and the United States.")
S.Rep. No. 1873, 84th Cong., 2d Sess. 2-3 (1956); H.R.Rep. No. 2385, 84th
2d Sess. 1-2 (1956)).
[cited in USAM 9-43.100]