When you have been accused of wire fraud, it is imperative that you immediately contact a reputable, top wire fraud defense attorney to represent you and your best interest.
Wire fraud can be defined by using any devices such as cell phones or computers across state lines to attempt to defraud someone. This is a federal offense and crime committed when attempting to defraud someone of something of value, such as property or money. This federal crime carries with it potentially serious consequences. If you find yourself facing such criminal charges, you can fight back. A wire fraud defense attorney can help you fight your case.
Committing wire fraud is not done accidentally. In order to convict, prosecutors must bring forth substantial evidence proving acts of wire fraud committed. In other words, the prosecutor must prove there was intent to defraud someone of personal property of value. Wire fraud includes scheming or creating a plan, to carry out wire fraud. Scheming to defraud is when a person uses deception, a promise, a statement, or a misrepresentation of any kind to intentionally mislead and deprive an unsuspecting victim of their valuables over electronic devices. For instance, contacting someone in an attempt to sell them land you don’t actually own would be an example of committing wire fraud as this is a scheme to defraud.
An interstate wire communication device must be used in order for wire fraud to be committed. These devices can be anything that sends and receives messages and can transmit across state lines. Such devices can include phones, email, computers, fax machines, or any internet communication. So, going back to the example above, if you attempt to sell land that isn’t yours through email or telephone, this is committing wire fraud.
A wire fraud conviction does not mean a victim had to lose money on the fraud itself. The laws state that wire fraud can occur simply by engaging in a scheme to defraud, not just when the fraud goes through. In other words, even attempting to obtain money is illegal and conviction can occur. Moreover, wire fraud can occur when someone attempts to defraud a victim of what is considered “honest services''. An example of this would be a public official who has a duty to perform certain services being contacted through phone or email or another interstate communication device to violate those duties. This often occurs when government officials are offered bribes or kickbacks. Even though they haven’t caused loss to a victim, they have deprived the public of the honest services they are required to provide.
Each wire fraud offense is treated separately. For instance, if the accused made ten separate phone calls to try to elicit something of value from victims, then that person could be charged and convicted of ten separate accounts of wire fraud. Wire fraud also tends to be considered a “catch-all” crime. Prosecutors who want to go after someone for more serious crimes but don’t have enough evidence, will usually still prosecute for wire fraud. A wire fraud defense attorney knows how these federal prosecutors work. They know the law and the ins and outs of wire fraud cases. When you have been accused of wire fraud, it is imperative that you immediately contact a reputable, top wire fraud defense attorney to represent you and your best interest.
What defense a fraud defense attorney chooses to use will depend upon each individual set of circumstances. There are many defense options to choose from that could apply to your case. Here are just a few:
As many salesmen will often use flattery or exaggerations to sell to potential customers, this defense states that wire fraud acts in much the same way. For instance, puffery could be an attempt to sell something as “the best ever made”. However, if false statements are made such as telling someone something is made of solid gold when it isn’t, it goes beyond puffery and can be prosecuted as wire fraud.
A good faith defense works to prove that the person charged with wire fraud didn’t actually have the intent to steal something of value or scheme to defraud the victim. Instead, a fraud defense attorney will try to prove that a person charged with wire fraud acted in good faith and under the requirements of the law. The good faith defense states that the accused didn’t have any financial motive for committing fraud and possibly even attempted to rectify the situation once it became known.
These are just a few of the most common wire fraud defenses that your attorney could present to you. If you have retained an experienced wire fraud attorney, they will have a vast amount of knowledge about how to defend your specific case.
The penalty for wire fraud could carry with it a conviction of up to 20 years as well as significant fines. If the wire fraud is connected to a financial institution, more serious penalties can be invoked such as up to 30 years in prison and/or a fine of up to $1,000,000. If you have been charged with wire fraud or are being investigated in any way, you need to talk to a wire fraud defense attorney as soon as possible. Always retain a lawyer’s services before agreeing to talk to any investigators or answering any questions. Your wire fraud defense attorney knows the criminal justice system and will be able to guide you through the process for the best possible outcome.
At Lowther Walker LLC our criminal defense attorneys are among the best, with years of knowledge and experience helping our clients and protecting their interests in every stage of the legal process. We are here for you. Know that any part of the process you take on on your own could be detrimental to your legal case. Without any first-hand knowledge of the law, you may be playing right into the interests of federal prosecutors working to convict you of the maximum penalties possible. Instead, turn to our top wire fraud defense lawyers right away to ensure you are in good hands throughout the entire process. Call us today to find out more about our legal services and what we can offer you. When the going gets tough, you know it’s time to hire a wire fraud defense attorney that can fight for you, and our skilled lawyers will do just that. You don’t want your future in the hands of just any attorney. Turn to an attorney with a reputation for success. We are here for you and look forward to working with you.