Wire Fraud (18 U.S.C. § 1343)
So, you’ve been accused of wire fraud. Let’s break it down – wire fraud is a federal crime that involves using electronic communications as part of a scheme to defraud someone. It’s defined under 18 U.S.C. § 1343, which states that anyone who devises a scheme to defraud others of money or property, and uses wire communications (like emails, phone calls, texts, etc.) to execute that scheme, can be charged with wire fraud.
The key elements the prosecution needs to prove are:
- You devised a scheme to defraud (intentionally deceived someone)
- The deception involved a material falsehood (a lie about an important fact)
- You had intent to defraud (you meant to deceive)
- You used interstate wire communications to further the scheme
So in plain English – if you knowingly lied to someone to get their money or property, and used things like emails, texts or phone calls as part of that lie, you could be looking at wire fraud charges.
Why is Wire Fraud a Big Deal?
Wire fraud is no joke. It’s a federal felony that can land you some serious prison time. The statutory maximum is 20 years behind bars. And if the fraud affected a financial institution, or was committed during a national disaster, you could be looking at an even harsher sentence of up to 30 years and fines up to $1 million.
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(212) 300-5196But it’s not just about the penalties. Being convicted of wire fraud can ruin your life – you lose your job, your reputation is destroyed, and you may struggle to find employment again with that felony on your record. So in short, wire fraud accusations demand your full attention. You need to take them extremely seriously and mount a strong defense, because the consequences can be absolutely devastating.
Common Wire Fraud Scenarios
Wire fraud charges can stem from all kinds of situations. Some common examples include:
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You transferred funds internationally for a business deal that a federal agency now claims was part of a money laundering scheme.
Can you be charged even if you had no knowledge of illegal activity?
Wire fraud and money laundering charges require proof of intent to defraud. However, prosecutors may argue "willful blindness" if red flags were present. Demonstrating legitimate business purpose and due diligence is essential to your defense.
This is general information only. Contact us for advice specific to your situation.
- Investment schemes where false statements are made to solicit money
- Fraudulent business opportunities or “make money from home” scams
- Fake charities or crowdfunding campaigns
- Phishing emails or online scams to steal personal/financial info
- Employees misusing company funds or resources for personal gain
- Lying on loan applications or bankruptcy filings
- Bribing officials or engaging in public corruption
Basically, if you used phones, emails, texts or any electronic communication as part of a scheme to intentionally deceive someone out of money, property or honest services, the feds could come knocking with wire fraud charges.
