Page 33 of 40 COUNT 12 Intentional Tort of Wire Fraud in Violation of 18 U.S.C. § 1343 (Against All Defendants) 152. Plaintiffs incorporate by reference all foregoing factual allegations as if fully set forth herein. 153. Title 18 United States Code section 1343, the federal criminal wire fraud statute, defines wire fraud as “[w]hoever, having devised … any scheme or artifice to defraud or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire … in interstate … commerce, any writings … for the purpose of executing such scheme or artifice, shall be fined … or imprisoned not more than 20 years, or both.” Violation of a criminal statute may constitute an intentional tort. 154. As set forth above, Defendants devised a scheme or artifice to defraud and to obtain money by means of false and fraudulent pretenses, representations and promises, and transmitted and caused to be transmitted writings by means of wire in interstate commerce for the purpose of executing the scheme and artifice against Plaintiffs to obtain the sum of $541,045. 155. As a direct and proximate result of Defendants’ intentional tort of wire fraud, Plaintiffs have suffered damages in connection with their purchases of securities from Defendants. Case 2:22-cv-10208-RHC-JJCG ECF No. 1, PageID.33 Filed 02/01/22 Page 33 of 40
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