The Federal Crime of “Wire Fraud” in California
Contents
- 1 The Federal Crime of Wire Fraud in California
- 2 What Exactly is Wire Fraud?
- 3 Elements of Wire Fraud
- 4 Examples of Wire Fraud Schemes
- 5 Penalties for Federal Wire Fraud
- 6 Related Federal Fraud Offenses
- 7 Defenses to Federal Wire Fraud Charges
- 8 Why Choose Spodek Law Group for Your Wire Fraud Defense?
- 9 Contact Spodek Law Group Today
The Federal Crime of Wire Fraud in California
Wire fraud is one of the most commonly charged federal crimes, and one that our experienced attorneys at Spodek Law Group frequently defend against. If you’re facing wire fraud charges in California, it’s critical to understand what you’re up against and how we can help protect your rights and freedom.
What Exactly is Wire Fraud?
Wire fraud is essentially any scheme to defraud that involves the use of electronic communications across state lines. The federal wire fraud statute (18 U.S.C. § 1343) makes it illegal to use interstate wire communications, like phone calls, emails, text messages, or online transactions, to carry out a fraudulent scheme.Some key things to understand about wire fraud:
- It requires intent to defraud – accidentally misleading someone isn’t enough
- The fraud scheme doesn’t have to be successful to be charged
- Each use of wire communications can be charged as a separate offense
- It’s often charged alongside other fraud-related crimes
Wire fraud is an extremely broad statute that federal prosecutors love to use. Why? Because in our modern, connected world, almost any fraud scheme is likely to involve some form of electronic communication that crosses state lines.
Elements of Wire Fraud
For the prosecution to prove wire fraud, they must establish four key elements beyond a reasonable doubt:
- The defendant devised or participated in a scheme to defraud
- The defendant acted with intent to defraud
- The scheme involved material misrepresentations or omissions
- The defendant used interstate wire communications to further the scheme
Let’s break these down further:1. Scheme to DefraudThis can be any plan or course of action intended to deprive someone of money or property through deception. Common examples include:
- Investment scams
- Phishing schemes
- Telemarketing fraud
- Online auction fraud
- Advance fee fraud
2. Intent to DefraudThe defendant must have knowingly and willfully participated in the scheme with the specific intent to deceive or cheat the victim. Mere negligence or mistakes are not enough.3. Material MisrepresentationsThe fraudulent scheme must involve false statements, half-truths, or omissions that a reasonable person would consider important in making a decision. Minor or trivial misrepresentations don’t count.4. Use of Interstate Wire CommunicationsThe defendant must have used some form of electronic communication that crossed state lines in furtherance of the fraud scheme. This could include:
- Phone calls
- Emails
- Text messages
- Faxes
- Wire transfers
- Online transactions
Even a single interstate wire communication is enough to satisfy this element.
Examples of Wire Fraud Schemes
To give you a better idea of what wire fraud can look like in practice, here are some common examples we’ve defended against:
- An investment advisor emails false account statements to clients in other states showing inflated returns
- A telemarketer cold calls elderly victims across the country to sell them worthless timeshares
- An online seller lists counterfeit goods on eBay and ships them to out-of-state buyers
- A mortgage broker submits fraudulent loan applications via email to lenders in another state
- A hacker sends phishing emails to steal credit card information from victims nationwide
As you can see, wire fraud covers a very wide range of fraudulent conduct. If you’re unsure whether your situation falls under wire fraud, give us a call at 212-300-5196 for a free consultation. We’ll help you understand exactly what you’re facing.
Penalties for Federal Wire Fraud
The potential consequences of a wire fraud conviction are extremely serious. Federal sentencing guidelines recommend:
- Up to 20 years in prison per count
- Fines up to $250,000 for individuals or $500,000 for organizations
- Restitution to victims
- Asset forfeiture
- 3 years of supervised release
Sentences can be even harsher if the fraud:
- Targeted vulnerable victims like the elderly
- Involved sophisticated means
- Caused substantial financial hardship
- Affected a financial institution
And remember, prosecutors often charge multiple counts of wire fraud, with each use of wire communications as a separate offense. So sentences can quickly add up to decades in prison.Here’s a breakdown of potential prison sentences based on the amount of loss:
| Loss Amount | Recommended Sentence |
|---|---|
| $6,500 or less | 0-6 months |
| $6,500 – $15,000 | 4-10 months |
| $15,000 – $40,000 | 10-16 months |
| $40,000 – $95,000 | 15-21 months |
| $95,000 – $150,000 | 21-27 months |
| $150,000 – $250,000 | 27-33 months |
| $250,000 – $550,000 | 33-41 months |
| $550,000 – $1.5 million | 41-51 months |
| $1.5 million – $3.5 million | 51-63 months |
| $3.5 million – $9.5 million | 63-78 months |
| $9.5 million – $25 million | 78-97 months |
| $25 million – $65 million | 97-121 months |
| $65 million – $150 million | 121-151 months |
| $150 million – $250 million | 151-188 months |
| $250 million or more | 188-235 months |
As you can see, even relatively small fraud amounts can lead to years in prison. That’s why it’s absolutely critical to have an experienced federal defense attorney on your side if you’re facing wire fraud charges.
Wire fraud is often charged alongside other federal fraud crimes. Some common related offenses include:Mail Fraud (18 U.S.C. § 1341)Similar to wire fraud, but involves use of the mail system to further a fraudulent scheme. Often charged together with wire fraud.Bank Fraud (18 U.S.C. § 1344)Knowingly executing or attempting to execute a scheme to defraud a financial institution. Carries up to 30 years in prison.Securities Fraud (18 U.S.C. § 1348)Fraudulent schemes involving the purchase or sale of securities. Punishable by up to 25 years in prison.Health Care Fraud (18 U.S.C. § 1347)Knowingly executing a scheme to defraud any health care benefit program. Carries up to 10 years in prison.Identity Theft (18 U.S.C. § 1028)Knowingly transferring, possessing, or using the identification of another person without authorization. Mandatory 2 year sentence.Money Laundering (18 U.S.C. § 1956)Conducting financial transactions to conceal the source of illegally obtained money. Up to 20 years in prison.If you’re facing charges for any of these related offenses in addition to wire fraud, the potential penalties can quickly add up. Our experienced federal defense team can help you navigate these complex charges and build the strongest possible defense.
Defenses to Federal Wire Fraud Charges
While wire fraud charges are serious, there are a number of potential defenses we can explore depending on the specific facts of your case:Lack of Intent to DefraudWe may be able to show that you did not knowingly or willfully intend to defraud anyone. Perhaps you made honest mistakes or were unaware of fraudulent activity.No Interstate Wire CommunicationsIf we can prove that no wire communications crossed state lines, the federal wire fraud statute doesn’t apply.Statute of LimitationsWire fraud charges must be brought within 5 years of the offense. We’ll carefully examine the timeline to see if the statute has expired.Good Faith BeliefIf you genuinely believed your statements or actions were truthful, even if mistaken, you lacked the intent to defraud required for conviction.EntrapmentIn some cases, we may be able to show that law enforcement induced you to commit a crime you otherwise wouldn’t have.Constitutional ViolationsWe’ll scrutinize the investigation for any violations of your constitutional rights, like illegal searches or coerced confessions.Insufficient EvidenceThe prosecution must prove every element beyond a reasonable doubt. We’ll attack any weak links in their case.These are just a few potential defenses. When you work with our experienced wire fraud defense team, we’ll conduct a thorough investigation to identify the strongest defenses in your specific case.
Why Choose Spodek Law Group for Your Wire Fraud Defense?
When you’re facing serious federal wire fraud charges, you need a law firm with the experience, resources, and aggressive approach to take on the federal government and win. Here’s why Spodek Law Group should be your first call:
- Decades of Federal Defense Experience: Our attorneys have successfully defended countless wire fraud and related cases in federal courts across the country. We know how federal prosecutors think and how to stay one step ahead.
- Former Federal Prosecutors on Staff: Several of our attorneys are former federal prosecutors who know the system inside and out. We use their insider knowledge to your advantage.
- Aggressive, Proactive Approach: We don’t wait for the government to make their move. We conduct our own thorough investigation, interview witnesses, and build the strongest possible defense from day one.
- 24/7 Availability: Federal investigations move fast. That’s why we’re available to our clients around the clock. When you need us, we’re there.
- Nationwide Reach: With a network of experienced local counsel across the country, we can defend you wherever your case is filed.
- Proven Track Record of Success: We have a long history of getting charges reduced or dismissed, negotiating favorable plea deals, and winning at trial when necessary.
When you work with Spodek Law Group, you’re not just getting a lawyer – you’re getting an entire team dedicated to protecting your rights and freedom. From the moment you hire us, we hit the ground running to build your defense.
Contact Spodek Law Group Today
If you’re under investigation for wire fraud or have already been charged, time is of the essence. The sooner you get our experienced federal defense team on your side, the better your chances of a favorable outcome.Don’t try to handle this alone or settle for an overworked public defender. Federal wire fraud cases are incredibly complex and the stakes are too high. You need a dedicated team of federal defense experts in your corner.Call Spodek Law Group today at 212-300-5196 for a free, confidential consultation. We’ll review your case, explain your options, and start building your defense immediately. Don’t wait – your freedom may depend on it.Remember, an accusation is not a conviction. With the right defense team on your side, you can fight these charges and protect your future. Let Spodek Law Group put our experience, resources, and aggressive approach to work for you.