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Understanding the Elements of Federal Wire Fraud Charges in California

Understanding the Elements of Federal Wire Fraud Charges in California

Wire fraud charges are no joke, and can lead to serious consequences if convicted. However, these charges are complex with specific elements that must be proven. This article will break down the key components of federal wire fraud laws, and what it takes to be convicted under them in California.What is Wire Fraud?Wire fraud refers to using electronic communications like phone, television, or internet to commit fraud. This includes email, texts, online messaging, etc. The legal definition comes from Title 18, Section 1343 of the United States Code.There are two main elements that prosecutors must prove for a wire fraud conviction:

1. The defendant knowingly participated in a scheme to defraud or obtain money or property under false pretenses.
2. The defendant used interstate wire communications to facilitate the fraudulent scheme.

Both of these elements must be satisfied to convict someone of wire fraud in federal court. Let’s break them down further.Scheme to DefraudThe government must show the defendant intentionally participated in a scheme to defraud someone out of money or property. This means lying, using false statements, or concealing key info to trick someone into giving up something of value.For example, this could involve an investment scam promising unrealistic returns, a contractor overbilling for work, filing false insurance claims, etc. There are endless examples, but it always requires intentional deception.Use of Interstate Wire CommunicationsIn addition to the fraud scheme, prosecutors must prove the defendant used interstate wire communications to facilitate the fraud. This includes phone calls, emails, texts, faxes, television broadcasts, or use of the internet across state lines.The communication does not need to contain fraudulent info itself. Just using wires to coordinate or further the scheme is enough. For example, a phone call to discuss an investment scam would qualify, even if no direct lies were stated during the call.Penalties Under Federal Wire Fraud LawsIf convicted of wire fraud, penalties can be severe. Under 18 U.S.C. 1343, maximum penalties include:

• Up to 20 years in federal prison
• Fines up to $250,000 for individuals, $500,000 for organizations
• 3 years supervised release
• Restitution to victims

These penalties apply per count, so multiple convictions can stack up fast. Even first-time offenders often face years in prison for wire fraud convictions.Defenses Against Wire Fraud ChargesWhile wire fraud cases can seem intimidating, there are viable defenses in many cases. Common strategies include:

• No intent to defraud – If there is no evidence you intended to deceive or knew statements were false, this negates the intent requirement.
• No interstate wires used – Without use of interstate phone, internet, etc., an essential element is missing.
• No actual fraud occurred – If exaggerated statements don’t meet the legal standard for fraud, this defeats the charge.
• You were a victim, not perpetrator – If you lost money in a scheme, you may have been duped rather than a knowing participant.
• Violation of 4th Amendment rights – Illegally obtained communications may be suppressed.

An experienced federal criminal defense attorney can evaluate the evidence and determine if any of these defenses apply in your specific case.

Recent California Federal Wire Fraud Cases

To understand how these charges are applied, let’s look at some real-world examples of federal wire fraud cases in California:

• In 2022, a Sacramento pastor was convicted of wire fraud and other charges for a scheme that defrauded investors out of over $35 million. He falsely promised returns of 25-30% from commodity trading, using the money for personal expenses. Phone calls, emails, and electronic bank transfers satisfied the wire fraud elements. He faces up to 20 years in prison.
• The former CEO of a Silicon Valley startup was charged with wire fraud in 2021 for allegedly falsifying financial statements to attract over $100 million in investments.  He faces 20 years in prison if convicted.
• A precious metals dealer was sentenced to 6 years in prison for a wire fraud scheme that defrauded elderly victims out of millions by massively overcharging them for gold and silver coins. Sales calls and interstate FedEx shipments met the wire fraud criteria.
• The mastermind of a $1 billion real estate Ponzi scheme in California was sentenced to 30 years in 2018 on wire fraud and other charges. He used phone, email, and electronic funds transfers to further the massive fraud.

These cases illustrate that wire fraud charges are used to prosecute many types of major financial crimes in California when interstate wires are used.Avoiding Wire Fraud AccusationsThe best way to avoid wire fraud accusations is to always be truthful in communications and transparent in financial dealings. Misrepresenting facts or concealing key info can easily cross into illegality.Maintaining detailed records provides proof that no fraud was intended if questions later arise.

Consulting with legal counsel at the first sign of investigation can also protect your rights.While charges like wire fraud can seem intimidating, an experienced federal criminal defense lawyer can often mount an effective defense. Seeking skilled legal representation immediately is critical, as these cases progress rapidly once charges are filed. With an in-depth understanding of federal law and past successes defending complex cases, the right attorney can make all the difference.