The same act can also result in mail fraud charges if an act was carried out by using the U. S. Postal Service in addition to electronic forms of communication. Once that is accomplished, then the contracts or proposals submitted are accomplished through faxes or the internet. What's critical in these cases is the intent to defraud. Wire fraud is a federal offense with broad reach and potentially serious consequences. Examples of wire fraud include: - Phishing scams in which financial information or personal data is stolen through a realistic-looking website or email. Additionally, federal law has criminalized the use of certain forms of communication in executing fraudulent activity, including use of the U. S. postal service and certain forms of online and electronic communication, referred to by the law as "wire communication. " If you were federally charged with Wire Fraud, you need experienced legal representation immediately. We Know The Government's Playbook– Many of our attorneys previously worked for the government as federal prosecutors. While federal prosecutors have jurisdiction over international and interstate wires, this does not mean that they can bring these charges in any federal court they want. The more common charges alleged include mortgage fraud, pyramid schemes, Ponzi schemes, and securities fraud. However, the act must be committed using an interstate communication device. These are the types of procurement fraud cases where the government almost always bring federal wire fraud charges. Wire fraud charges usually involve allegations that someone lied to cheat someone else out of money.
Last Updated: The federal wire fraud statute is extraordinarily broad. The federal government gives broad interpretation to the wire fraud statute. Common Defenses Against Wire Fraud Charges. What is a Wire Fraud Conspiracy? Roughly one out of six individuals charged with fraud in fiscal year 2018 received a sentence of probation. In order to prove mistaken identity, it might be necessary to run extensive forensic checks on a defendant's computer or obtain detailed cell phone information. If your case is complicated, you should seek a professional law firm for representation.
Typically, "loss" will mean loss of money to a victim, but not always. Wire fraud and mail fraud are not usually standalone offenses, so often times the defense that you have will be coupled with the underlying offense. There must be a predicate or underlying violation first. What Constitutes Government Procurement Fraud? Government fraud impacts taxpayers and federal agencies that need their missions accomplished. Now the lie needs to be an important lie, a material lie. If the intended or actual victim of such fraud is a financial institution, the penalties may increase to up to 30 years in prison and a fine of up to $1 million. Some examples of potential defenses to allegations of federal wire fraud include: - Constructive Fraud – Since 18 U. By their nature, they will almost universally implicate the federal wire fraud statute in addition to statutes such as 18 U. Up to $250, 000 in fines for individuals. Your Case Deserves Immediate Attention - Call Hubbs Law Today. A conviction in federal court can lead to a prison sentence of up to 20 years, as well as fines of up to $250, 000 for an individual or $500, 000 for a business or organization.
Sentencing Commission's 2018 Quarterly Data Report, Table 7. Federal Wire Fraud Charges. Often, he or she will also face forfeiture of assets. For example, section 3B1. Calling a person on the phone and claiming to be an IRS agent in order to obtain their identifying information and commit identity theft. Common defenses include: Lack of Intent. But if you had no reason to believe the information was false, even if you gave it to someone else, and even if it wasn't true, and even if they sent you money in exchange, you're not guilty of mail or wire fraud. The issue is not whether money was actually taken, but whether someone tried to take someone else's money by making false promises or statements. Understanding Mail Fraud.
After this is done, the judge will then consider many other factors under 18 U. Some examples include: - Argue that the alleged communication made was not false or fraudulent. Wire fraud allegations are common in many different types of federal criminal investigations that involve government contracts. Finally, several types of fraud that are not expressly tied to a distinct statute may be prosecuted as mail or wire fraud if no other specific law fits. If the USPS is used at any time in the perpetration of the fraud, the federal government can bring mail fraud charges. Our skilled criminal defense lawyers will put our skills and experience to work for you as we fight to protect you every step of the way. Hubbs Law attorneys, Erika and E. Hubbs, are both former prosecutors with substantial trial experience.
These are just some of the many reasons why you need to take federal charges very seriously. Contact Scrofano Law P. to schedule a free consultation. See the full sentencing guideline here. We will examine every facet of your case, consult with the experts, and use cutting-edge tools to analyze your bank records and other evidence to make sure that you receive the most effective criminal defense possible.
Additionally, if you are a business owner and the alleged wire fraud involved your company, you could face severe backlash and damage to your professional reputation. The promotion and sale of unregistered securities, insider trading, cryptocurrency fraud, and other securities law violations can trigger wire fraud allegations as well. Section 1341) are similar to wire fraud charges, but mail fraud involves the use of a mail or postal service (U. They often carry caseloads that make it difficult to offer personal attention to each case. The underlying crime has its own penalties in addition to the penalties involved with mail fraud. It can involve a number of different crimes, and a few of the most common ones include: - Obtaining payment for goods without delivering them.
One important detail often missed by educated laypeople is that the prosecutor does not need to prove the wire communications were themselves false or fraudulent. If it was just one person talking to another person, face-to-face, and the person was committing a fraud, the federal government would have no jurisdiction over that because it was local. So, even if the defendant did not do a specific act herself, she could be responsible for it anyway. And wire communication can, of course, be the telephone, radio, television, and these days mostly email, websites, and even chats. Federal Mail and Wire Fraud Penalties.
Any of the fraud schemes listed as mail fraud would be charged as wire fraud if they utilized e-mail or another electronic communication instead of postal mail. In many cases, the best defense against wire fraud charges involves demonstrating that a person did not intend to commit fraud. Speak with a Virginia federal mail and wire fraud lawyer at our firm today to learn what you can do to get started on your case. There are several valid defenses for those charged with mail or wire fraud. Procurement fraud and false statements (criminal). If that telemarketer gets on the phone and makes false statements about the company, about the investment opportunity, say, you know, the returns have averaged over a 1, 000% every year for the past 10 years. Those who are sentenced to federal penitentiaries will have to serve their entire sentence, as there is no parole system offered by the U. government. People are wrongfully investigated for and charged with federal mail or wire fraud all the time. What is unique about wire fraud charges, and fraud charges in general, is that they may be filed even if the alleged scheme is unsuccessful or is not actually completed. Complete Dismissal of Molestation Charges.
District Court for the Southern District of Florida - find information for every court location in the Southern District of Florida, attorney information, judge information, and case information. Other Fraud-Based Crimes. Contact A Hamilton Federal Mail Fraud Attorney. And you would want to start calculating the potential sentence for a case like this under the Federal Sentencing Guidelines.
We may be able to begin counteracting the investigation and can take steps to help you avoid an arrest or formal charges in the first place. Mail fraud is an ongoing problem because it's so easy to commit and difficult to detect. Using the mail to conceal the fraud or lull the victim into a false sense of security, for example, constitutes mail fraud. Probation with No Jail Time for Drug Money Laundering Charge. In fraud, theft, and embezzlement offenses generally, judges imposed a downward variance (a sentence below the guidelines) much more often than they did an upward variance. If you believe you may be facing such charges, it is important not to discuss your case with anyone (especially the government) before speaking with an experienced federal white collar crime attorney. Prosecutors often seek wire fraud and mail fraud indictments against defendants when they do not have enough evidence to make other charges stick. Call now to confidentially discuss the details of your case: 888-680-1745. Houston Wire Fraud Attorney.
The prosecution must show that communications (either through wire or mail) were sent "for the purpose" of fraudulent intent. The maximum penalty for this crime is another 16 years in prison. Maryland Federal Mail/Wire Fraud Lawyer. Oftentimes, the specific behavior alleged at the beginning is governed by some level of procurement regulations. Let's also imagine that Jones is extremely careful because he does not want to get caught and go to prison for wire fraud.
For example, sending falsified invoices would be mail fraud. But if you have any additional questions about this type of case, feel free to give us a call. Now if someone is convicted for this offense the penalties can be pretty steep, up to 20 years. How much time will they dedicate to your case, and how will they charge for their services.
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