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So your probably sitting there with a Civil Investigative Demand from DOJ about wire fraud and your hands are literaly shaking. Maybe they think your business emails were fraudulent. Maybe someone reported your online sales practices. Or maybe your electronic communications crossed state lines with supposed “false pretenses.” Look, we get it. Your ABSOLUTELY TERRIFIED. And you should be! Because wire fraud under 18 U.S.C. § 1343 carries up to 20 YEARS in federal prison – or 30 years if it involves a financial institution!
Let me explain exactly what your facing here. Wire fraud is the government’s Swiss Army knife of federal prosecution – they can use it for almost ANYTHING involving electronic communications! The DOJ only needs to prove two elements: a scheme to defraud and use of interstate wire communications. That’s it!
“Interstate wire communications” means ANY electronic communication – emails, texts, phone calls, faxes, internet transactions, Zoom calls, Slack messages, even Instagram DMs! If it crossed state lines (and everything on the internet does), its federal wire fraud! We’ve seen people prosecuted for single emails that had slightly exaggerated claims!
The CID means DOJ thinks you used electronic communications in a fraudulent scheme. But here’s what’s terrifying – “fraud” is so broadly defined that almost any business dispute becomes wire fraud! Breach of contract? Wire fraud if you sent emails! Failed business venture? Wire fraud if you made phone calls! Customer complaints? Wire fraud if they claim deception!
Sit down before reading this because the penalties will make you physically ill. Standard wire fraud carries 20 years in federal prison PER COUNT. Each email, each text, each phone call is a seperate count!
Let me do the math that’ll ruin your day. Say you sent 50 emails over 6 months about a business deal that went bad. That’s potentially 50 counts of wire fraud. At 20 years each, your facing 1,000 YEARS in federal prison! Obviously no one gets that, but prosecutors use it as leverage to force guilty pleas.
But wait, it gets worse! If the fraud “affects a financial institution” – and DOJ interprets this incredibly broadly – penalties jump to 30 years and $1 MILLION per count! Used a bank account? Affects a financial institution! Customer used a credit card? Affects a financial institution! We’ve seen penalties reach $50 million for schemes that made zero profit!
The scope of wire fraud CIDs is absolutley staggering. There gonna demand EVERYTHING electronic from the last 5+ years:
Every email account (business and personal), all text messages and messaging apps, phone records and call logs, social media posts and messages, website content and changes, marketing materials and advertisements, customer communications, internal company chats, financial records showing wire transfers, contracts and agreements sent electronically. Basicaly, if it exists in digital form, they want it!
But here’s what’s really unfair – wire fraud is often used as an “add-on” charge to other investigations. Investigating healthcare fraud? Add wire fraud for emails! Looking at tax evasion? Wire fraud for electronic filing! Securities violations? Wire fraud for trading communications! Its the prosecutor’s favorite weapon because its so easy to prove!
YES! And that’s what makes it so dangerous! Unlike other fraud statutes, wire fraud doesn’t require proof you actualy defrauded anyone or that anyone lost money! They just need to show you had a “scheme to defraud” and used electronic communications.
“Scheme to defraud” is interpreted so broadly its insane! Any plan to deceive, any misleading statement, any omission of material facts, even “sharp business practices” can qualify! We’ve seen prosecutions for: salespeople exaggerating product benefits, businesses making optimistic revenue projections, contractors who couldn’t complete projects on time, and marketers using aggressive sales tactics!
The “intent” requirement is also a joke. They don’t need to prove you intended to commit wire fraud – just that you intended to do the underlying acts. Sent the email? Intent proven! Made the phone call? Intent proven! Posted online? INTENT PROVEN! Its almost impossible to defend!
Wire fraud is DOJ’s go-to charge for several reasons: Five-year statute of limitations (longer than most federal crimes), no minimum loss amount required, applies to international communications too, venue in any district the communication passed through, and conspiracy charges add another 20 years!
We call it the “prosecutor’s best friend” because its so versatile. Can’t prove the underlying crime? Charge wire fraud for the emails about it! Statute of limitations expired on the main offense? Wire fraud has its own five years! State prosecution not strong enough? Make it federal with wire fraud! Its completely unfair how they weaponize this statute!
Here’s where things get really scary – wire fraud CIDs often run parallel to criminal investigations! The FBI is the primary investigating agency, and they work hand-in-hand with DOJ’s Fraud Section.
While your responding to the civil CID, there building a criminal case. The grand jury is probably already convened. Search warrants are being prepared. Asset forfeiture proceedings are ready to launch. We’ve seen clients go from CID recipient to federal inmate in less than six months!
And wire fraud is almost always charged with other crimes: mail fraud (another 20 years), money laundering (20 years), conspiracy (5 years), and whatever underlying offense they’re investigating. Its not uncommon to see indictments with 50+ counts carrying centuries of potential prison time!
This is critical – electronic evidence has unique vulnerabilities! Authentication requirements under Federal Rules of Evidence can be complex for electronic communications.
We can challenge: metadata authenticity, chain of custody for electronic records, IP address attribution, email header manipulation, deleted or altered communications, and context of isolated messages. But you need specialized expertise to mount these challenges effectively!
The government often relies on massive data dumps from email providers and telecoms. They assume everything is authentic and admissible. We’ve successfully excluded thousands of emails by challenging authentication and relevance. But most lawyers don’t know how to mount these technical challenges!
Oh, this is where it gets really unfair! Every business email becomes potential evidence of wire fraud if any customer complains! That optimistic sales projection? Securities fraud! That product description? Consumer fraud! That contract negotiation? Commercial fraud!
We’ve seen entire businesses destroyed because of routine business communications taken out of context. One client got indicted for wire fraud because he emailed “We’ll get this done no matter what” about a legitimate business deal. Prosecutors claimed it showed “fraudulent intent” when the deal fell through!
The worst part? Your employees’ communications count too! That sales rep who exaggerated? Your liable! That customer service agent who made promises? Your liable! Every electronic communication by anyone in your company becomes a potential wire fraud count against YOU personaly!
Wire fraud investigations are notoriously long and complex because of the electronic evidence volume. Typical timeline:
Initial CID and data preservation (30-60 days), electronic discovery and forensic analysis (6-12 months), FBI interviews and follow-up subpoenas (6-12 months), grand jury proceedings (3-6 months), indictment and arrest (sudden, without warning), trial or plea negotiations (12-24 months). Your looking at 2-4 years of hell minimum!
During this time, your life is frozen. Banks close your accounts due to suspicious activity reports. Clients flee because of “reputational risk.” Business partners abandon you. Professional licenses get suspended. And legal fees? Expect $500,000 minimum for a wire fraud defense!
This is the million-dollar question with no good answer! Complete cooperation means handing them the rope to hang you with. Fighting makes you look guilty and guarantees maximum charges. The truth is, once your in DOJ’s crosshairs for wire fraud, your already in deep trouble.
The statutory language is so broad that cooperation often just provides more evidence. That email explaining your legitimate business reasons? They’ll find one phrase that sounds bad. That spreadsheet showing real transactions? They’ll claim it proves the scheme’s scope!
We’ve seen clients provide millions of documents trying to show innocence, only to have prosecutors cherry-pick phrases to support charges. One client gave them 10 years of emails to show his honesty – they found 5 emails out of 50,000 that sounded bad out of context and indicted him on 5 counts!
Look, we’re not your typical white-collar defense firm. We specialize in federal wire fraud defense because these cases require unique expertise in both electronic evidence and federal criminal law. We understand how prosecutors build wire fraud cases and there weaknesses.
We know how to challenge electronic evidence authenticity, metadata analysis, and digital forensics. We can explain why routine business communications aren’t fraudulent schemes. We understand the technical aspects of electronic communications that prosecutors often misrepresent. Most importantly, we know how to prevent civil CIDs from becoming criminal indictments!
Other firms tell you to just cooperate and explain your side. That’s EXACTLY what gets people 20-year sentences! We fight strategically, challenging the government’s interpretation of “scheme to defraud,” forcing them to prove actual fraudulent intent, not just aggressive business practices!
Call us RIGHT NOW at 212-300-5196
Wire fraud investigations move at light speed – don’t wait!
Free consultation – We know electronic evidence – Available 24/7!
Don’t wait another second! Every email you send, every text you write, every call you make is potential evidence while under investigation. The FBI could be monitoring your communications RIGHT NOW. Your about to be arrested and you don’t even know it!
Remember – wire fraud is the federal prosecutor’s favorite weapon because its so easy to prove and carries decades in prison. Once your indicted, your options become extremely limited. The time to fight is NOW, before they turn your legitimate business communications into a 20-year prison sentence. Call us IMMEDIATELY!
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and best alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NJ CRIMINAL DEFENSE ATTORNEYS