Wire Fraud Defense Attorney

Years ago a friend told me that his daughter quit a sport so that she could spend more time with her phone. It’s not just the kids anymore. Everywhere we go—the airport, the beach, a bus, our cars — we see other people and ourselves glued to a device.

So much of modern life travels through what the statutes refer to as the “wire.” And, that’s why wire fraud is one of the most common federal criminal charges. Running cash through a business, illicit and even violent offenses, or a common scheme to defraud are all likely to use some form of telecommunication as part of the enterprise.

Fraud is simply using intentional deception for monetary or personal gain.

That broad definition and the fact that telecommunications are an instrument of interstate commerce means the government can charge wire fraud for a host of conduct the government considers illegal.

The Federal Bureau of Investigations or the Federal Trade Commission often investigate conduct that results in wire fraud charges but a variety of other federal and state law enforcement agencies investigate crimes that result in wire fraud charges.

Wire fraud includes virtually anything transmitted through telecommunications networks. That can include writing, signs, photos, or recordings. The elements of wire fraud are the following:

• A person creates or participates in a scheme to defraud someone out of money or property
• The person’s actions are designed to defraud
• It is foreseeable that the person will use wire communications.
• The person does use interstate wire communications 18 U.S.C. 1343

Sound broad to you? That’s because the statute is designed so it can be used for a variety of behavior including complex white collar criminal activity, common criminal schemes, and criminal behavior commonly associated with organized crime. Telemarketing fraud, identity theft, financial crimes take place over interstate wires and are subject to prosecution for wire fraud.

A person convicted of wire fraud can be imprisoned up to twenty years and fined up to $250,000. Organizations convicted can be fined up to $500,000.

If the wire fraud violation relates to or involves benefits paid in connection with a presidentially declared major disaster or affects a financial institution, the person can be fined up to $1,000,000 and imprisoned for 30 years.

Investigations and prosecutions of wire fraud should never be a one-sided inquiry.