What is Wire Fraud?

Wire fraud involves fraudulent activities conducted via telecommunications, such as the internet, phone, email, or fax, and is classified as a federal crime in the United States. The legal elements of wire fraud are outlined under 18 United States Code 1343: 

               
1. The defendant devised or participated in a scheme to defraud someone of money or property;
               
2. The defendant acted with intent to defraud;
               
3. Interstate wire communications were reasonably foreseeable; and
               
4. Interstate wire communications were used in furtherance of the scheme.
              

Types of Wire Fraud Schemes 

Wire fraud schemes vary widely, with common types including email scams, phone scams, social media scams, wire transfer fraud, and investment fraud. These schemes often involve impersonation or deceit to obtain personal or financial information. Examples include:

                
• Email Scams: Scammers pose as trusted entities like banks or government agencies to solicit sensitive information, which is used for unauthorized financial access.
               
• Phone and Social Media Scams: Operate similarly to email scams, using impersonation to gain personal information.
               
• Wire Transfer Fraud: Involves requests to send money via wire transfer, often by individuals posing as a relative or authority figure.
               
• Investment Fraud: Scammers use misleading information to convince victims to invest in fraudulent schemes.
                    

How to Avoid Becoming a Victim of Wire Fraud

Awareness of common fraud tactics is essential for prevention. Here are some tips to help identify and avoid wire fraud:

            
• Be cautious of unsolicited calls or emails requesting personal information.
               
• Verify the identity of the caller or sender before sharing any sensitive data.
               
• Regularly monitor bank and credit card accounts for unauthorized transactions.
               
• Use strong passwords and avoid public Wi-Fi for accessing personal information.
              

Following these tips can help reduce the risk of falling victim to wire fraud scams.

What is the Punishment for Wire Fraud?     

Wire fraud convictions can result in significant penalties, including:

       
• Prison Sentence: Up to 20 years in federal prison for each count of wire fraud.
               
• Fines: Up to $250,000 or twice the amount of financial loss or gain from the fraud, whichever is greater.
               
• Restitution: Payment to victims to cover the losses incurred due to the fraud.
           

Penalties depend on factors such as the offense’s severity, the amount of financial damage, and the defendant’s criminal history. Each case is unique, and consulting an experienced lawyer can help you understand potential outcomes.

Common Defenses to Wire Fraud Charges

Several defense strategies may be applicable in wire fraud cases, including:

              
1. Lack of Intent: The defendant must have intended to defraud the victim. Demonstrating a lack of intent can be a strong defense.
               
2. Lack of Knowledge: If unaware of fraudulent activities, the defendant may argue they lacked the requisite knowledge to commit wire fraud.
               
3. Lack of Participation: If the defendant did not participate in the fraud scheme, they may argue non-involvement.
               
4. Entrapment: If induced by law enforcement, the defendant may claim entrapment as a defense.
               
5. Duress: If forced into the crime under threat, the defendant may argue they acted under duress.
               
6. Insufficient Evidence: If the prosecution lacks proof, the defendant may argue for acquittal based on insufficient evidence.
             

Each defense strategy depends on the specifics of the case. An experienced defense attorney can help tailor the best approach for your circumstances.     

What to Do If You Are Accused of Wire Fraud       

If you are under investigation or facing wire fraud charges, immediate action is essential to protect your rights:               

• Contact an Attorney: Engage a knowledgeable criminal defense attorney to guide you through the process.
               
• Understand Your Rights: Your lawyer will help you understand your legal rights and options.
               
• Develop a Defense Strategy: An attorney can assess your case, gather evidence, and work to achieve the best possible outcome.
             

Attorney William Kroger has extensive experience handling wire fraud cases and can provide valuable guidance and defense strategies tailored to your unique situation.

Why Am I Being Charged with Wire Fraud Under Federal Law Instead of California Law?    

Wire fraud cases often fall under federal jurisdiction when they involve interstate or international communication, which includes any use of email, phone, or internet servers crossing state lines. Other factors that may lead to federal charges include:

             
• Involvement of federal agencies like the IRS or SEC
               
• Impact on federally insured financial institutions
              

Federal prosecution does not always imply harsher penalties, as federal sentencing guidelines may sometimes result in lighter penalties than state-level cases. Consulting a defense attorney familiar with federal law is crucial for understanding the implications and potential defenses in your case.  

Contact a Los Angeles Wire Fraud Lawyer Today     

If you’re facing wire fraud charges, it’s essential to consult with an experienced criminal defense attorney. William Kroger has a proven track record of defending clients against wire fraud allegations and navigating complex federal legal systems. He will work tirelessly to protect your rights, investigate allegations, and build a strong defense strategy.      

Contact William Kroger online or call 323-655-5700 to schedule your free consultation and learn how he can help secure the best possible outcome for your case.