What the government has to prove
The wire fraud statute makes it a crime to devise or intend to devise a scheme to defraud, or to obtain money or property through false or fraudulent pretenses, representations or promises, and then use interstate or foreign wire, radio or television communications to carry out the scheme.
The wire can be an email, a call, a text or an electronic payment. The harder questions are usually whether there was a scheme to defraud at all and whether the person acted with intent. The government must prove each part beyond a reasonable doubt.
Most wire fraud cases are fought over intent, not over whether an email was sent.
Charges and maximum penalties
Wire fraud indictments often carry several counts, frequently along with a conspiracy count.
| Charge | What it covers | Maximum prison term |
|---|---|---|
| Wire fraud, 18 U.S.C. § 1343 | A scheme to defraud carried out using interstate or foreign wire communications | 20 years |
| Wire fraud affecting a financial institution or disaster benefits, 18 U.S.C. § 1343 | The same conduct when it affects a financial institution or involves a federally declared disaster or emergency benefit | 30 years and a fine of up to $1,000,000 |
| Honest services fraud, 18 U.S.C. § 1346 | A scheme to deprive another of the intangible right of honest services | Charged under § 1343, with the same maximum |
| Attempt or conspiracy, 18 U.S.C. § 1349 | Attempting or agreeing with others to commit wire fraud | The same as the underlying offense |
These are statutory maximums. Sentences actually imposed depend on the federal sentencing guidelines, the alleged loss, the role each person played and other factors.
Who investigates and prosecutes
Wire fraud cases are prosecuted by the U.S. Attorney’s Office, working with whichever federal agency has jurisdiction over the conduct. Depending on the case, that can be the FBI, IRS Criminal Investigation, the Secret Service or an agency’s inspector general.
Justice Department policy says isolated transactions between individuals with small losses are ordinarily better left to civil or state courts. Federal prosecutors focus on schemes aimed at a group of people or the public, or that show a substantial pattern of conduct.
How these cases usually unfold
- Complaints and recordsVictim complaints, bank reports or a cooperating witness bring the matter to agents.
- Subpoenas and warrantsAgents obtain email accounts, phone records and bank records, often before anyone is contacted.
- Interviews and target lettersPeople connected to the business are interviewed and likely defendants may be notified.
- IndictmentCharges are filed, often against several people with a conspiracy count.
- Plea or trialThe case resolves by agreement, by motion or in front of a jury.
Where these cases are often defended
Every case turns on its own facts. Issues that frequently matter include:
- Intent. Whether the person believed in the business, relied on others, or simply made mistakes rather than set out to deceive.
- The alleged scheme. Whether the statements were actually false and whether they concerned money or property.
- Role. What the person knew and did, as opposed to what others in the business did.
- Loss. How the government calculates loss, which can drive the guidelines range at sentencing.
- Cooperating witnesses. The credibility and motives of people who have agreed to testify for the government.
How Kaufman Legal Group can help
Jason Kaufman has tried more than 90 cases and is a Criminal Justice Act panel attorney in the Southern District of Florida. He also works as a jury consultant. He works with Phil Horowitz, who has practiced criminal defense since 1985 and spent decades on the CJA panel in the Southern and Middle Districts of Florida, and Victor E. Rocha, admitted to The Florida Bar in 1983, who practices in federal courts including the Eleventh Circuit and the Southern District of Florida and speaks Spanish. Together they bring more than 100 years of combined experience.
In a wire fraud case the team can respond to agents and subpoenas, review the electronic records the government is relying on, deal with prosecutors before charges are filed and prepare the case for trial. The first consultation is free and confidential.