Federal Wire Fraud
A conviction for Wire Fraud will carry a lengthy prison sentence.
Under 18 U.S.C. § 1349, the federal crime of Wire Fraud is committed when a person causes the use of wired communications as part of a scheme to defraud involving a material deception with the intent to deprive another of money, property, or honest services.
Conspiracy to Commit Wire Fraud
Conspiracy to Commit Wire Fraud occurs when two or more people work together to defraud another person of money, property, or honest services and interstate wired communications are used in furtherance of the scheme.
Importantly, Conspiracy to Commit Wire Fraud can, and usually is, charged against minor participants in the scheme to defraud.
The government charges minor participants with Conspiracy to Commit Wire Fraud because under 18 U.S.C. § 1349, the penalties for Conspiracy to Commit Wire Fraud are the same as actual Wire Fraud, which results in minor participants cutting deals to testify against major participants in order to avoid the severe penalties Wire Fraud carries.
Penalties for Wire Fraud
Under federal law, the crime of Wire Fraud is a Class C felony, punishable by up to twenty years in prison, three years of supervised release, and $250,000 in fines. Additionally, complete restitution will be ordered and any property obtained from the proceeds of the offense will be confiscated.
Under the United States Sentencing Commission, Guidelines Manual, §2B1, a person convicted of Wire Fraud would be assigned a base offense level between 6-36, which carries a guideline range of probation up to 33 months in prison before taking into account any mitigating or aggravating circumstances.
Importantly, probation is rarely given in federal cases and the amount of financial loss or the existence of aggravating offense characteristics associated with a particular Wire Fraud case can result in a significantly greater prison sentence than 33 months in prison.
As of 2018, the average federal sentence imposed for Wire Fraud fell between 20-24 months in prison. [1]
Defenses to Wire Fraud
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, common defenses to the federal crime of Wire Fraud include:
Good Faith Belief
It is a defense to the federal crime of Wire Fraud if a defendant honestly and in good faith believed the deceptive statements or promises made as part of the scheme were true. [2] However, a defendant cannot engage in willful blindness by ignoring the truth of the statements. Nor is it a defense if the defendant intends to deceive but feels the victim will ultimately profit or be unharmed.
Materiality
It is a defense to the federal crime of Wire Fraud if the allegedly fraudulently transmitted statement was not material to the targeted person engaging in the transaction. [3]
Substantial Assistance
While not technically a defense, Substantial Assistance is the most commonly utilized method to avoid the severe penalties the crime of Wire Fraud carries.
The prosecutor is authorized by statute to ask the court to reduce or suspend a sentence of any person who is convicted of wire fraud when the person provides substantial assistance in the identification, arrest, or conviction of any other person engaged in the scheme to defraud.
Illegal Search and Seizure
Often, law enforcement exceed the scope of their authority and require people to submit to a vehicle, home, or body search when they otherwise would not be required to; coerce people into agreeing to a search; arrest people without probable cause; or obtain search warrants in bad faith.
If any of these can be proven through the filing of a Motion to Suppress, the courts will suppress the resulting evidence as having been illegally obtained in violation of the Fourth Amendment of the United States; which can lead to an outright dismissal of the case.
Contact Federal Defense Lawyer Richard Hornsby
If the Federal government is prosecuting you for the crime of Wire Fraud in federal court, contact Orlando Federal Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.