Unless the government can establish that fact, the defendant will prevail. It cannot be committed accidentally.Īny crime involving fraud requires the prosecution to prove that the defendant had the specific intent to defraud. Wire fraud can only be committed by someone who knowingly acts with an intent to defraud the victim. A coconspirator can have done the communicating. And the defendant need not be the person who transmitted the material misrepresentation in order to be convicted. The crime is completed even if the fraud never occurs.
and transmitted a “material” misrepresentation by wire, telephone, radio, television, or any form of communication.either made false representations or was part of a scheme in which false representations were made that related to the fraud,.knowingly did so with the intent to defraud,.The defendant participated in a scheme to defraud another person,.These are the elements of wire fraud under federal law: If any element, or component of the crime, is not proven beyond a reasonable doubt, then the defendant is entitled to an acquittal. That means they must present admissible, reliable evidence and proof convincing a jury beyond a reasonable doubt. The government must prove every “element” of the offense to win a conviction. What the Government Must Prove for a Wire Fraud Conviction
The offense is committed even if the wire communication was limited to messages emailed back and forth between two coconspirators who were planning to commit fraud. Each and every separate communication can support a separate count. The penalty for wire fraud is up to 20 years in federal prison and a fine, per count. The form of fraudulent wire communications can be any writings, signs, signals, pictures, or sounds. It can be accomplished by using a computer, a television, a radio, or any device employing a wire. The crime can be committed using a telephone to speak, text, or email someone during or in preparation to defraud another person. A person commits federal wire fraud when they intentionally use any means of interstate or foreign communication in a scheme or to defraud any other person of something of value. Wire fraud is a criminal offense defined by U.S.C. If you need an aggressive, knowledgeable federal defense lawyer, you can trust Stechschulte Nell, Attorneys at Law. Federal court defenses require attorneys with federal court experience. Petersburg area, attorneys Ben Stechschulte and Amy Nell have extensive experience representing people indicted by federal grand juries for violating white-collar offenses, including wire fraud, bank fraud, money laundering, and a long list of other federal offenses. In this blog post, we’ll look at what wire fraud is, how a person commits wire fraud, and how an experienced wire fraud defense lawyer can often successfully defend clients who are indicted under the wire fraud statute. The reason it is so common is that the law prohibiting wire fraud is so easily violated during the commission of other related offenses. Wire fraud is a serious federal criminal offense that is among the most frequent charges brought by agents of the U.S.
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