Wire fraud is a federal offense and if convicted, you face heavy fines and serious jail time. Understanding the definitions and scope of wire fraud and mail fraud is an important step along the road to a successful defense in the face of criminal charges including either type of fraud. In New Jersey, those convicted of wire fraud may face up to $250, 000 in fines, restitution to victims and up to 20 years in prison. The report explains what is mail and wire fraud, the federal criminal statutes it overlaps with, sentencing guidelines, penalties, and much more. Federal wire fraud can result in serious penalties such as lengthy prison sentences and having to pay substantial fines. The applicable federal criminal statute for wire fraud is Title 18, United States Code, Section 1343.
If you are guilty of wire fraud, your best bet might be to argue that you did not realize you were doing anything wrong. That also includes any other authorized depository mail matter such as FedEx or the United Parcel Service (UPS). For example, fraud charges can get dismissed or reduced upon a showing that the government failed in its investigation. These elements are: (1) a person created or joined a scheme to defraud an entity for financial gain; (2) the scheme was carried out to defraud others; (3) the person had reasonable knowledge that wire communications were necessary to complete the fraud; and, (4) interstate or foreign wire communications were used for the fraud.
Wire fraud, a type of white-collar crime, occurs when an individual engages in fraudulent activity by using electronic media such as the Internet, radio and television. Individuals who are convicted of wire fraud can face up to 20 years in prison and a $250, 000 fine. It is vital that you seek legal counsel if you are under investigation for wire fraud and/or mail fraud. Both involve sending communications and money by mail or over telephone wires or other similar technologies, including today's emails. Do not try to speak with anyone to prove your innocence. Wire Fraud is a Federal Offense. Wire fraud is very similar to mail fraud except it involves electronic communications to commit a crime. The crime is defined under the Title 18 U. A person who is charged with wire fraud may also face mail fraud charges if his scheme also involved the use of postal mail.
These are extremely serious charges, and you will want to take all possible steps to avoid a conviction. Television communication in interstate or foreign commerce. For example, if a person claims to have personal protective equipment during the coronavirus (COVID-19) pandemic and received payment either through a wire transfer or by mail for the equipment but never delivers the product, then he or she is engaging in fraudulent activity. The statutes defining and governing wire fraud and mail fraud date back to the 1800s. If you believe that you may be under investigation or you are facing charges for the alleged offense of wire and/or mail fraud, do not say anything to authorities without legal representation. What Are Defenses Against Wire Fraud? The first step in building your defense is acquired a skilled and knowledgeable criminal defense attorney. In many cases, the answer is yes. On one hand, mail fraud requires the use of the U. S. Postal Services. This scheme involved material misrepresentation of facts or deception.
Cryptocurrency is also a common way for people to exchange funds. Phone, Mail & Fax Scams | Attorney General – Visit the official website of the Texas Attorney General to learn how to recognize and report phone and/or mail scams. You Can Face Wire Fraud Charges in a Variety of Circumstances. Legal defenses to these crimes do exist. And, in many instances, the sentencing range for a conviction for wire fraud will exceed the sentence available these other nalties for Wire Fraud. Furthermore, the penalties for wire fraud will depend on the particular facts surrounding your situation and the value of fraud against the victim. Claiming to be from the IRS and calling people telling them they need to pay an additional or late tax. If these facts are uncovered, then the court will enhance the penalties to a fine of $1, 000, 000 and up to 30 years in prison. On the other hand, wire fraud involves wire-based communication to commit the offense (e. g., internet, phone, text messages, e-mail, etc. In order to convict the defendant, federal prosecutors must prove: Wire fraud is a felony offense under federal law, with the maximum penalty of a sentence of 20 years in federal prison. Employers may be afraid that you might commit the same type of crime again and hire someone with a clean record instead. Clients throughout the Dallas-Fort Worth area and beyond entrust their defense to this Texas federal crime defense firm. Given that intent is so important for a prosecutor to get a conviction, a common defense in wire fraud cases is that you did not intend to defraud, even if you were involved in a scheme or action that led to a party being defrauded or that could have resulted in another party being defrauded.
Consultations are free, and during that appointment one of our lawyers will answer all your burning legal questions. If you are charged with either type of fraud, you will want a savvy, knowledgeable, and successful criminal defense team handling your case. Know The Parameters. A conviction of wire fraud comes with severe penalties and with the seemingly endless resources the U. S. government has to investigate and prosecute these offenses, contacting an attorney immediately becomes even more important.
A., located in Miami, Florida, we have extensive experience and success in defending those who are charged with the white collar crimes of wire fraud or mail fraud. You need a lawyer who will work diligently to protect your rights in court. Therefore, you should be prepared to answer several questions, such as when you were charged with wire fraud, if there were any witnesses and whether or not you have a previous criminal record. At The Law Office of Paul J. You need The Law Office of Matthew D. Sharp. In more layman's terms, it means misleading, misrepresenting, or lying to someone over the phone, television, or radio, or via fax, email, or social media in an attempt to have them send you money, property, or valuable information, like a credit card number or social security number. The elements of wire fraud, per 18 U. C. §1343 are: Below are the examples of wire fraudulent activity: Any persons can be convicted of mail fraud if he or she makes false representations and/or promises with the clear intent to defraud someone, and the defendant used mail (U. "Failure" here means that the government did not gather enough facts to prove its case, or it violated procedural rules in its collection of evidence.