Wire Fraud is a "catch-all" federal offense that prosecutors often use to indict individuals suspected of committing a federal crime. Federal and White-collar defense attorney David Tarras of the Rossen Law Firm explains what Wire Fraud is the elements of the federal level offense.
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Chapters:
1:27 - What is Wire Fraud?
1:53 - The Legal Elements of Wire Fraud
2:45 - The Mens Rea of Wire Fraud
4:19 - The Penalties of Wire Fraud
7:33 - How Prosecutors Treat Wire Fraud
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Wire fraud has severe consequences and is punishable by up to 20 years in prison. According to 18 U.S.C. § 1343, wire fraud occurs when an individual intentionally uses some kind of electronic communication to commit fraud. The means include but are not limited to: email, text message, radio, cellular call, and more.
Wire fraud is a federal level offense because the suspected communication often takes place across state lines and involves some form of deceitful misrepresentation or wrongful gain.
In order for federal prosecutors to convict for Wire Fraud, the government must prove the following elements:
1) The individual had a scheme to defraud
2) The means of the scheme to defraud were material
3) A person had criminal intent in using electronic communications in the process of committing fraud
Federal prosecutors often use the wire fraud charge in order to strategically indite a defendant for a federal crime. Many federal prosecutors believe that when criminal activity occurs, one of the easiest crimes to prove took place in court is wire fraud because of how broad the statute for the charge is.
The severity of the consequences of a wire charge offense varies based on several factors. One factor is the total loss amount calculated by The Loss Table under the United States Federal Sentencing Guidelines § 2B1.1.
If you or a loved one is suspected of committing wire fraud, our federal defense attorneys can help. Contact the Rossen Law Firm to schedule a free strategy session to go over the facts of the case and develop a plan of attack.
Fort Lauderdale Office
6400 N Andrews Ave #510
Fort Lauderdale, FL 33309
Phone: 754-206-6200
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