What is Federal Wire Fraud?

Have you been informed that you are under investigation for federal wire fraud, or have you been charged with wire fraud under Section 1343 of Title 18 of the United States Code? This is a federal criminal statute that has been in existence for quite some time — long before anyone began using the internet, which is now a common source of wire fraud allegations. However, wire fraud can include more than just the use of the internet on your computer, smart phone, or tablet.

What is federal wire fraud, and what are the specific elements of the offense? Consider the following information from our Tampa federal criminal defense attorneys who have experience defending clients against federal fraud charges in Florida.

Defining Federal Wire Fraud

Under 18 USC 1343, this is how wire fraud is defined:

“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.”

These are extremely serious charges that can result in up to 20 years in prison upon conviction, to be clear. In cases where the wire fraud also involves a financial institution (i.e., a bank) or occurs in connection with a declared major disaster or emergency, the consequences become more severe: the person can face a fine of up to $1 million and up to 30 years in prison.

Elements of Wire Fraud Under Federal Law

In the Eleventh Circuit, which includes Florida, the prosecution must prove the following elements of wire fraud beyond a reasonable doubt to obtain a conviction:

• Defendant intentionally participated in a scheme to defraud; and
• Defendant used interstate wires in furtherance of the scheme to defraud.

What does it mean to use interstate wires to engage in a scheme to defraud? Wire fraud can include almost any type of fraud that involves electronic communications through the phone, your email, the internet, or even making a wire transfer. Common examples include phishing, data breaches, ransomware attacks, online romance scams, and telemarketing fraud.

Contact a Tampa Criminal Defense Attorney for Assistance Defending Against Federal Wire Fraud Charges in Florida

Federal fraud charges are extremely serious offenses that are likely to result in severe convictions for a felony in the event of a conviction. Although many people assume that fraud charges will not be as serious as those associated with a violent crime since fraud is a white-collar offense, it is critical to know that federal fraud cases are taken extremely seriously and can result in many years in prison in the event of a conviction. Do not hesitate to reach out to an experienced Tampa fraud defense lawyer who regularly handles federal criminal defenses at the Law Offices of Daniel J. Fernandez, P.A. for assistance. Contact us today to begin working on your defense.

Source:

justice.gov/archives/jm/criminal-resource-manual-941-18-usc-1343-elements-wire-fraud