Beating Philadelphia Email and Wire Fraud Charges

Getting charged with email or wire fraud can be scary. But with the right defense strategy, you may be able to get the charges reduced or even dismissed. This article will explain how email and wire fraud charges work in Philadelphia, and suggest some possible defenses to consider if you’re facing these charges.

What is Email and Wire Fraud?

Email fraud – also called phishing – involves using email to try to trick someone into giving you money or personal information. For example, sending a fake email that looks like it’s from a real bank and asking for account login details.

Wire fraud is similar but involves electronic transfers of money rather than email. Both are federal crimes that can lead to prison time if convicted.

Prosecutors in Philly take these charges seriously. The U.S. Attorney’s Office has a whole task force dedicated to investigating COVID-19 scams and fraud.

So if you’re facing charges, you need an experienced criminal defense lawyer on your side. Let’s look at some possible defenses.

Challenging Intent

To convict you of wire or email fraud, prosecutors need to prove you had intent to defraud. This means knowingly deceiving someone to obtain money or property.

If you can show this criminal intent wasn’t there, it could punch holes in the prosecution’s case. For example, if you made a genuine mistake or there was a misunderstanding.

Your defense lawyer may argue you had a good faith belief you were engaged in a legitimate business transaction. Or that you lacked the necessary state of mind to intentionally commit fraud.

Questioning Jurisdiction

Federal wire and email fraud charges only apply when electronic communications cross state lines. If the alleged fraud stayed within PA, it may fall under state – not federal – jurisdiction.

Your lawyer can argue the case belongs in state court, not federal court. This jurisdictional defense has helped defendants in other districts get charges dismissed.

Attacking the Evidence

Without strong evidence, fraud charges often fall apart. An experienced criminal defense attorney will scrutinize the prosecution’s evidence for holes or inconsistencies.

Some questions to ask – were the emails or wire transfers faked? Is the money trail solid? Were your devices or accounts hacked?

This could create reasonable doubt about whether you actually committed fraud.

Getting Charges Dismissed

In some cases, prosecutors realize their fraud case is weak and agree to dismiss charges. But don’t count on this – you need to negotiate firmly through your lawyer.

Dismissal is more likely if it’s your first offense and the alleged fraud wasn’t huge. Helping prosecutors save face by making restitution to alleged victims can also help.

Plea Bargaining

Over 90% of federal cases end in plea deals. This involves pleading guilty in return for reduced charges or a lighter sentence.

With wire or email fraud, prosecutors may agree to drop the charges to simple theft or forgery. This avoids the “fraud” label with its harsh penalties.

Your lawyer may also negotiate sentencing concessions like probation instead of prison time. Think carefully before accepting any deal.

Trial Defenses

If your case goes to trial, your defense lawyer can raise doubts by cross-examining witnesses and challenging evidence.

They may argue you were the victim of identity theft – someone else used your name or accounts. Or that you made a mistake of fact and lacked criminal intent.

Your lawyer may also highlight entrapment – where you were illegally induced into committing fraud by overzealous investigators.

Getting Help from an Attorney

Facing federal fraud charges is daunting. But an experienced defense lawyer can often get charges reduced or dismissed pre-trial. And if not, they know how to build the strongest case possible at trial.

Don’t go it alone against seasoned federal prosecutors. Hire a criminal defense attorney to protect your rights and future. It’s your best chance at beating these charges.