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The Ultimate Guide to Beating Federal Wire Fraud Charges
Contents
- 1 You’re in Hot Water, But, We’ve Got Your Back
- 2 What Exactly is Federal Wire Fraud? Breaking Down the Law
- 3 Common Wire Fraud Schemes to Watch Out For
- 4 Powerful Defenses to Beat Wire Fraud Charges
- 5 Federal Sentencing for Wire Fraud: What You’re Up Against
- 6 Real-Life Wire Fraud Cases: Lessons Learned
You’re in Hot Water, But, We’ve Got Your Back
There’s one reason you’re on this website: you’re looking for an elite criminal defense law firm, to handle your federal wire fraud case. Maybe, you’ve been accused of using emails, texts, or phone calls to defraud someone out of money or property. Or perhaps, you‘re under investigation by the FBI for an alleged wire fraud scheme.Whatever the situation is, we get it, you‘re stressed. Being charged with a federal crime like wire fraud is no joke. The penalties are severe, with up to 20 years in prison and fines over $250,000 per count. Not to mention, the potential collateral consequences of a conviction, like losing professional licenses or being deported if you‘re not a U.S. citizen.But, take a deep breath. You‘ve come to the right place. At Spodek Law Group, our top-tier federal criminal defense attorneys have successfully defended countless clients against wire fraud and other complex white-collar charges. We leave no stone unturned, in our fight to get you the best possible outcome. Unlike other firms that take a cookie-cutter approach, we carefully analyze every detail of your unique situation. Our battle-tested strategies, combined with our unwavering commitment to client service, give you the highest chance of beating the charges or receiving a favorable plea deal.So, keep reading, to learn everything you need to know about federal wire fraud law. We’ll cover the key elements prosecutors must prove, common defenses, potential penalties, and real-life examples that illustrate how these cases often play out. By the end, you‘ll be armed with the knowledge to make informed decisions about your defense strategy.
What Exactly is Federal Wire Fraud? Breaking Down the Law
Under 18 U.S.C. § 1343, the federal wire fraud statute, it’s a crime to devise any scheme to defraud someone of money or property, using interstate wire communications. This includes things like:
- Emails
- Phone calls
- Text messages
- Faxes
- Website posts
- Any other electronic communication that crosses state lines
To convict you of wire fraud, prosecutors must prove four key elements beyond a reasonable doubt:
- A scheme to defraud existed. This means you knowingly participated in a plan to deceive someone, through false representations or promises, to obtain money, property, or services dishonestly.
- You had intent to defraud. In other words, you acted willfully and with the specific purpose of carrying out the fraudulent scheme.
- Use of interstate wire communications. You used emails, calls, texts, or other electronic communications that crossed state lines, in furtherance of the fraudulent scheme.
- The wire transmissions were material. The communications you sent or received contained false or misleading information that was important to the scheme’s success.
It’s crucial to note, the government doesn‘t need to prove the scheme actually succeeded or that anyone suffered financial losses. As long as there was an intent to defraud through use of interstate wires, you can be charged with wire fraud.
Common Wire Fraud Schemes to Watch Out For
Now that you understand the legal definition, let’s look at some typical wire fraud schemes federal prosecutors often pursue:
Investment Fraud
You solicit investors, via email or websites, by making false claims about high-return, low-risk opportunities. In reality, you‘re operating a Ponzi scheme or misusing investor funds.
Phishing Scams
You send emails that appear to be from legitimate companies, tricking recipients into providing login credentials, credit card numbers, or other sensitive data that enables you to commit identity theft or financial fraud.
Nigerian Prince/Inheritance Scams
The classic con where you impersonate a wealthy foreigner or heir, promising a big payout to those who first send you money to unlock the fortune. Of course, there is no inheritance – just an attempt to defraud victims.
Telemarketing Fraud
Using phone calls or robocalls, you make deceptive sales pitches for non-existent products or services, extracting payments from unsuspecting customers.
Business Email Compromise (BEC)
You hack into a company’s email system, spoofing messages from executives to accountants or vendors, tricking them into wiring funds to bank accounts you control.These are just some examples. The bottom line is, if you devise a plan to defraud someone using electronic communications like emails or calls that cross state borders, it could constitute federal wire fraud.
Powerful Defenses to Beat Wire Fraud Charges
While wire fraud charges are extremely serious, there are several potential defenses our skilled attorneys may use to poke holes in the prosecution’s case:
Lack of Intent
If we can show you lacked the specific intent to defraud, by presenting evidence you acted in good faith without malicious purposes, it can defeat the intent element.
No Scheme to Defraud
Even if misleading statements were made, we may argue your conduct doesn‘t amount to a scheme or plan to defraud, which is required for wire fraud.
Immaterial Falsehoods
The alleged false statements must be material, meaning important to the alleged scheme’s success. We can fight the materiality element if the statements were trivial or unimportant details.
Failure to Use Interstate Wires
If the communications you sent or received didn’t cross state lines, the federal wire fraud law doesn‘t apply, leaving a potential jurisdictional issue.
Entrapment
In rare cases where an undercover agent induces someone to commit wire fraud who wasn‘t predisposed to do so, we may argue entrapment as a defense.
Constitutional Violations
If law enforcement trampled your constitutional rights through illegal searches, failure to read Miranda warnings, or other misconduct, we can seek to suppress any improperly obtained evidence.The strongest defense depends on the specific facts of your case. Our attorneys will carefully analyze all circumstances to determine the best strategy for attacking the charges.
Federal Sentencing for Wire Fraud: What You’re Up Against
If convicted of wire fraud, you’re facing harsh federal sentencing guidelines that could result in decades behind bars. The potential penalties include:
- Up to 20 years in federal prison per count
- Fines up to $250,000 per count for individuals
- Fines up to $500,000 per count for organizations
- Restitution to any victims
- Asset forfeiture
- Supervised release after imprisonment
And that’s just the baseline. If the wire fraud involved a presidentially-declared emergency, disaster, or targeted a financial institution, the maximum prison sentence jumps to 30 years per count, with potential $1 million fines.Each use of the wires in furtherance of the scheme counts as a separate violation. So if you sent 10 fraudulent emails as part of the scheme, you could face up to 200 years in prison and $2.5 million in fines.While these maximum penalties seem draconian, skilled defense counsel can often negotiate much lighter sentences, especially for first-time offenders with no prior record. We’ll guide you every step of the way, to ensure you receive the most favorable outcome possible.
Real-Life Wire Fraud Cases: Lessons Learned
To truly grasp the nuances of federal wire fraud law, it’s instructive to examine some real cases and how the charges played out:
The Manafort Case
In 2018, Paul Manafort, the former Trump campaign chairman, was convicted on eight counts of bank fraud and tax evasion. However, the jury deadlocked on four wire fraud charges related to his undisclosed lobbying work for pro-Russian political parties in Ukraine.The case illustrates how complex financial dealings can create challenges for prosecutors in proving wire fraud, even when other fraudulent conduct is established. Careful defense work was key in avoiding additional convictions.
The Shkreli Case
In 2017, the infamous “Pharma Bro” Martin Shkreli was convicted of securities fraud and conspiracy to commit wire fraud, for misusing stock from his pharmaceutical company to pay off debts from unrelated business dealings.While acquitted of the most serious charges, Shkreli’s case shows how peripheral conduct can lead to wire fraud convictions if prosecutors establish the requisite intent and use of interstate wires. His defense team’s inability to fully counter those elements proved costly.
The Skilling Case
In 2006, former Enron CEO Jeffrey Skilling’s federal conviction for conspiracy, securities fraud, and insider trading was partially overturned by the Supreme Court, which ruled the “honest services” theory used for one of his fraud convictions was unconstitutionally vague.The decision highlighted the complexity of prosecuting corporate fraud cases under wire fraud laws. Skilling’s vigorous defense challenged the legal boundaries of honest services fraud, illustrating how an aggressive approach can yield positive results.These examples demonstrate that, even in complex financial fraud cases, a strategic defense can make a major difference in the outcome. With the right legal team, you can avoid the harshest punishments and protect your rights.