Federal Wire Fraud Charges

Facing Federal Wire Fraud Charges? We Can Help.

The Law Offices of Ian Goldstein, P.A. provides strong defense for individuals and businesses accused of wire fraud in South Florida, and federal courts around the country. 

What is Wire Fraud?

The core of wire fraud is codified in 18 U.S.C. § 1343. This statute defines wire fraud as:

"Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds  for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both

Essentially, wire fraud occurs when someone uses electronic communication to execute a fraudulent scheme with the intent to deceive and obtain money or property.

Wire Fraud vs Mail Fraud

• Wire Fraud Focuses on Electronic Communications: Wire fraud specifically targets electronic communications, such as:
  • Telephone calls
  • Emails
  • Text messages
  • Social media messages
  • Instant messaging
  • Online chat platforms
• Mail Fraud: In contrast, mail fraud focuses on the use of the U.S. Postal Service to execute fraudulent schemes.

Examples of Wire Fraud Schemes:

The scope of wire fraud is vast and constantly evolving with advancements in technology. Here are some common examples:

Business Email Compromise (BEC):

• How it works: Hackers infiltrate company email accounts, impersonate executives, and send fraudulent emails instructing employees to wire funds to designated accounts controlled by the hackers.
• Impact: BEC schemes have resulted in significant financial losses for businesses worldwide.

Romance Scams:

• How it works: Scammers build trust with victims through online dating platforms or social media. They then engage in romantic relationships and eventually use various tactics to defraud their victims of money.
• Techniques: These tactics may include:
  • Asking for financial assistance
  • Requesting money for emergencies
  • Promising lucrative investments

Investment Scams:

• How it works: Scammers promote fraudulent investment opportunities through emails, social media, or online platforms. They often make false promises of high returns with little or no risk.
• Examples: Ponzi schemes, pyramid schemes, and other fraudulent investment schemes.

Healthcare Fraud:

• How it works: Healthcare providers or individuals may use electronic communication to submit fraudulent claims to Medicare, Medicaid, or other government healthcare programs.
• Examples: Submitting false claims for services not rendered, billing for unnecessary procedures, and engaging in kickback schemes.

Penalties for Wire Fraud

A conviction for wire fraud carries significant and potentially devastating consequences. The penalties can be severe and may include:

Imprisonment:

• Wire fraud is a serious federal felony.
• The maximum sentence for wire fraud is up to 20 years in federal prison.
• However, in certain circumstances, such as cases involving significant financial loss, sophisticated schemes, or vulnerable victims, the sentence can be significantly longer.
• For example, wire fraud involving a financial institution or a presidentially declared disaster can carry a maximum sentence of up to 30 years in prison.

Substantial Fines:

• Convicted individuals face substantial financial penalties.
• The maximum fine for wire fraud is typically $250,000 for individuals and $500,000 for organizations.
• However, these fines can be significantly higher depending on the severity of the offense and the financial gain obtained through the fraudulent scheme.
• In some cases, the fines can reach millions of dollars.

Forfeiture of Assets:

• The government may seek to seize any assets obtained through the fraudulent scheme.
• This can include:
  • Money
  • Property
  • Vehicles
  • Luxury items
  • Bank accounts
• The goal of asset forfeiture is to deprive criminals of the proceeds of their illegal activities.

Restitution:

• Victims of wire fraud may be entitled to restitution for their financial losses.
• Restitution is intended to compensate victims for the harm caused by the fraudulent scheme.
• The court may order the defendant to pay restitution to the victims as part of their sentence.

Beyond these core penalties, a conviction for wire fraud can have significant collateral consequences, such as:

• Loss of reputation and professional licenses:
• Difficulty finding employment:
• Difficulties obtaining loans or credit

Legal Defense Strategies in Wire Fraud Cases

Successfully defending against wire fraud charges requires a multifaceted approach and a deep understanding of the law. Here are some key legal defense strategies that experienced federal defense attorneys may employ:  

1) Challenging the Government's Evidence:

Insufficient Evidence:

• Attorneys can argue that the government has failed to present sufficient evidence to prove each element of the crime beyond a reasonable doubt.  
• This may involve challenging the reliability of witnesses, the admissibility of evidence, or the strength of the prosecution's overall case.  

Attacking the Credibility of Witnesses:

• Attorneys may seek to impeach the credibility of government witnesses, such as informants or cooperating witnesses, by highlighting inconsistencies in their testimony, prior criminal convictions, or biases such as cooperation in anticipation of a reduced sentence.  

Motion to Suppress Evidence:

• If the government obtained evidence through illegal means (e.g., unlawful search and seizure, violations of constitutional rights), attorneys can file a motion to suppress that evidence from being used at trial.  

2) Challenging the Elements of the Crime:

Lack of Intent:

• A key element of wire fraud is the intent to defraud. Attorneys can argue that the defendant did not intend to deceive or defraud anyone, and that their actions were based on legitimate business practices or misunderstandings.  

Lack of a Scheme to Defraud:

• Attorneys can argue that the defendant's actions did not constitute a fraudulent scheme, but rather were legitimate business transactions or accidental mistakes.  

Lack of Use of Wire Communications:

• Attorneys can argue that the use of wire communications was not essential to the alleged scheme or that the scheme could have been executed without the use of electronic means.  

3) Exploring Alternative Explanations: 

Presenting Alternative Theories of the Case:

• Attorneys can present alternative explanations for the defendant's actions, such as innocent mistakes, legitimate business practices, or unforeseen circumstances, or advice of counsel.  

Highlighting Exculpatory Evidence:

• Attorneys can present evidence that supports the defendant's innocence or contradicts the government’s allegations.  

4) Negotiating with Prosecutors:

Plea Agreements:

• Attorneys can negotiate plea agreements with prosecutors that may result in reduced charges, lower sentences, or other favorable outcomes.  

Diversion Programs:

• In certain cases, attorneys may be able to negotiate participation in diversion programs, which may allow the defendant to avoid a criminal conviction by completing specific requirements, such as community service or restitution.

5) Utilizing Expert Testimony:

Forensic Accountants:

• Expert accountants can analyze financial records and provide expert testimony on complex financial transactions.  

Computer Forensics Experts:

• Computer forensics experts can examine electronic devices and data to identify and analyze digital evidence.  

Other Experts:

• Depending on the specific facts of the case, other experts may be retained, such as cybersecurity experts, financial advisors, or business consultants.

Wire Fraud Defense Lawyer Near Me in South Florida

Facing wire fraud charges can be overwhelming. At the Law Offices of Ian Goldstein, P.A., our federal criminal defense attorneys provide personalized guidance and tailored defense strategies for each client. Our experienced attorneys will thoroughly investigate your case, analyze the evidence, and develop a robust defense to protect your rights and freedoms. Schedule a free consultation today to learn how we can help you navigate this challenging situation.