Wire Fraud Defense Lawyer
White-collar crimes can result in harsh consequences. Consulting with a wire fraud defense lawyer from Scrofano Law PC can help. Call us for more details.
Wire Fraud Legal Defense
Any act or attempt to commit fraud via mail, radio, television, or wire is a federal crime. This includes soliciting money from people online under false or fraudulent pretenses or for a product or service that does not exist.
An experienced federal mail fraud defense attorney can represent you and provide legal guidance if you’ve been charged with mail and wire fraud. At Scrofano Law, our wire fraud defense lawyers are dedicated to helping you avoid a lengthy prison sentence in federal court. To discuss your defense strategy, contact us today to schedule a free case evaluation.
What Is Wire Fraud?
The term “wire fraud” refers to fraudulent schemes conducted using electronic communications such as the internet, television, or telephone to offer goods or services under false pretenses and request payment via wire transfer.
According to federal law, under 18 U.S.C. § 1343, federal prosecutors can bring criminal charges against anyone who devises or intends to devise a wire fraud scheme involving fraudulent pretenses, promises, or representations through television, radio, wire, or any other electronic communication.
Wire fraud falls under the category of white-collar crime, just like other forms of fraud, such as embezzlement and forgery. Federal offenses such as the federal crime of insurance fraud, immigration fraud, identity theft, mail fraud, health care fraud, bank fraud, money laundering, Social Security fraud, securities fraud, tax fraud, financial institution (bank fraud), and Ponzi schemes often go hand-in-hand with wire fraud charges.
If you are a victim of wire fraud and have faced issues or are being charged with the crime, it is best to consult with a wire fraud defense attorney. If you were misled and weren’t able to understand that you were committing fraud, the government would not and should not convict you. If you are charged with committing wire fraud offense or are facing insurance fraud or mail fraud charges, it is best to consult with a knowledgeable attorney with experience in criminal law.
Communications and Transactions That Trigger 18 U.S.C. § 1343
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Communication between alleged co-conspirators via phone, text message, or email
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Collecting personal or financial information through fraudulent communications
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Phishing, spam, and telemarketing emails, phone calls, and texts
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Falsified and fraudulent invoices
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Fraudulent billing under federal government benefit programs and federal government contracts
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The misrepresentation of products, services, or securities on websites, on social media, and in other media
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Unfulfilled online sales, auctions, and other transactions
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Promotions of fraudulent lotteries and sweepstakes over the phone or over the internet.
An experienced fraud defense lawyer can explain what constitutes wire fraud to you and help you understand what you are facing. A better understanding of what’s happening to you may help you have a better look at your case required to make thoughtful and well-informed decisions. To schedule a free consultation, contact Scrofano Law today.
Who Investigates Wire Fraud?
Several government organizations can investigate wire fraud. The D.O.J. (Department of Justice) may take over cases that involve large financial institutions or the government, but wire fraud crimes are generally investigated by the Federal Bureau of Investigation (F.B.I.).
The I.R.S. (Internal Revenue Service) might get involved to help with audits or investigations involving suspected wire fraud, and building a case may require the services of state law enforcement officers.
In addition to federal agencies, private organizations may also investigate wire fraud. For instance, banks and financial institutions have their own compliance and fraud investigation units. They have the resources to scrutinize transactional activity and identify potential fraudulent conduct. Moreover, cybersecurity firms and forensic accountants may be hired to investigate suspicious activity and provide expert testimony. In conclusion, investigating wire fraud is a complex process that requires cooperation among various organizations and experts. It is important to have an experienced wire fraud defense lawyer to guide you through the process and protect your rights.
The Penalties for Wire Fraud
Wire fraud is a criminal offense that comes with the following penalties:
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A hefty fine of up to $250,000
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Maximum of 20 years in prison
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Maximum of 30 years in prison if the case is linked to a financial institute or a federal disaster
The penalties are generally harsher if the fraud has been committed against a bank or a government agency. If convicted, you could serve up to 30 years in federal prison and pay a maximum fine of $1 million.
Federal fraud charges can result in a lengthy prison sentence. Our white-collar crime attorneys and federal defense lawyers have extensive experience with wire fraud cases and will go above and beyond to ensure you get a fair trial.
The Elements of Federal Wire Fraud
Different federal circuits have different requirements when it comes to proving wire fraud. Generally, however, the government must prove beyond a reasonable doubt that:
- A scheme or plot to defraud was there
- You were a willing participant in the scheme
- You used wire communication mediums to further the scheme
Possible Defenses to Allegations of Federal Wire Fraud?
Wire fraud allegations can be challenging to defend against, mainly because the wire fraud prohibitions are so broad. In order to effectively combat allegations of wire fraud, the following defenses may be raised:
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Constructive fraud: Federal wire fraud charges require the government to prove beyond a reasonable doubt that you devised or attempted to devise a fraudulent scheme. A strong defense for your case can be proving that you did not knowingly commit fraud.
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Lack of intent (good faith): Similar to constructive fraud, prosecutors must prove that the alleged fraudulent act was planned ahead of time in order for it to qualify as fraud.
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Lack of motive: To prove a wire fraud case, the government must prove that the wire communications presented were explicitly sent to perpetrate a fraudulent scheme. If there is no motive, then there is no warrant for a wire fraud conviction.
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Lack of authority: The lack of authority at the corporate, ownership, and executive levels may provide a defense for employees charged with wire fraud.
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Statute of limitations: When the statute of limitations has expired, the federal government cannot prosecute you for wire fraud. If the statute of limitations has expired, your Scrofano lawyer will ensure that the matter is raised to prevent charges from being filed.
Scrofano Law: Why Choose Us?
Wire fraud is a serious crime that may land you in prison for decades, mainly if you cannot beat the accompanying federal fraud charges. The best way to defend yourself is to hire an experienced and highly trained federal mail fraud defense attorney who can protect your future, your freedom, and your reputation.
Our attorneys at Scrofano Law understand that every case is different and the circumstances surrounding your case are unique. Our attorneys will examine every aspect of your case to ensure you get a fair hearing and the best possible outcome.
Get in touch with us now to learn more about your legal options!
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