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What legal defenses work best against wire fraud charges?
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What Legal Defenses Work Best Against Wire Fraud Charges?
If you’ve been accused of wire fraud, I feel for you. That’s a scary situation to be in. But don’t panic! There are good defenses your lawyer can use to fight the charges. I did some research into the top legal defenses used for wire fraud cases and here’s what I found:
Lack of Criminal Intent
To be convicted of wire fraud, prosecutors have to prove you specifically intended to defraud someone. If you made a mistake or were just reckless in your business dealings, that may show a lack of criminal intent. Your lawyer could argue you didn’t mean to commit fraud at all.1
You Were Tricked Too
If a business partner or employee committed fraud without your knowledge, you may have a defense. Your lawyer could argue you were tricked just like the alleged victim. This is known as a “good faith” defense.
Prosecutors have to show the wire communication (email, phone call, etc.) was directly used to commit fraud. If the communication had nothing to do with the alleged fraud, your lawyer can challenge that element of the charge.2
You Made a Legitimate Mistake
If you can show you made an honest mistake rather than intentionally lying, that could defeat the charges. This is called a “mistake of fact” defense. Your lawyer would argue you thought the deal was legit.
The Statute of Limitations Ran Out
There’s a 5 year deadline for prosecutors to charge you with wire fraud after it allegedly occured. If that deadline passed, the charges could get thrown out completely.
You Were Entrapped
If an undercover agent pushed you into committing a crime you otherwise wouldn’t have, that’s entrapment. It’s not ethical for cops to manufacture crime that way. Your lawyer could try to get evidence thrown out or charges dismissed if you were entrapped.
There’s more potential defenses too. An experienced federal criminal defense lawyer will dig deep into the details of your case to figure out the best defense strategies. Don’t go it alone against federal prosecutors. Get an aggressive lawyer on your side.
And even if none of these defenses quite fit, a good lawyer can still get charges reduced or penalties lowered through plea bargaining. Let me know if you have any other questions!
1. https://federal-lawyer.com/wire-fraud-allegations-defense-strategies/ [return to article]
2. https://www.pagepate.com/experience/criminal-defense/federal-crimes/federal-mail-wire-fraud/ [return to article]