Wire Fraud

Wire fraud in Miami is the criminal offense of knowingly developing a false or deceitful device by the use of interstate "wires" to gain money or property from clients. Cable, radio, the Internet, electronic modem, and telecommunications are examples of the wires targeted by the Federal Wire Fraud Statute.

Wire theft is a federal offense and the Federal Bureau of Investigation (FBI) or related federal departments also prosecute it. To fully investigate and pursue wire fraud charges, these organizations have considerable resources and can use these resources to their fullest degree.

Federal laws on wire fraud and postal fraud are very equal. Both laws forbid schemes to defraud by deceptive or misleading pretenses, claims, or assurances to take money or goods. How the crime was perpetrated is the biggest distinction. The rule of wire fraud demands that the crime be conducted by wire transmissions that involve messages through radio or television, for example. An interstate contact is required to sue anyone for this crime, including postal theft. The prosecutors must show, under the wire fraud act, that a criminal has the intent to defraud, mislead, or cheat the victim. Via circumstantial testimony based on the conduct of the suspect, the prosecution will seek to prove the necessary factor of motive.

More and more, in connection with the investigation of RICO, money laundering, theft against financial companies, and telemarketing fraud, the Department of Justice is using wire fraud charges, since wire fraud is typically among the easiest crimes for prosecution. And the penalty standard on a conviction for wire fraud, in certain cases, would surpass the sentence available for all other offenses.

An example of wire fraud might involve a suspect or co-conspirator contacting a victim to tell her untruthfully that she was owed a $10,000 tax refund and required to pay a $100 processing charge to accept the check. Using a television commercial to lure consumers to a Ponzi scheme may be another example.

Wire fraud charges are extremely significant and may result in up to 30 years in prison and a million dollar fine. Typically, wire fraud is defined as acts that involve fraud carried out through the use of electronic communications. The government must prove that there was a scheme to defraud. Additionally, they must show that the defendant was a willing and knowing participant. Finally, they must prove that the scheme involved the use of interstate wire communications. The government does not have to prove that money and/or property was actually taken from the victim. Rather, prosecutors may still secure a conviction by simply proving that the offender had an intention of depriving an individual of his assets. Each act of fraud where electronic communications were used can be charged separately.

You should know that the prosecution still faces the responsibility of arguing your guilt beyond a reasonable doubt, considering the terrifying and daunting existence of facing wire fraud charges. Against these federal allegations, there are some possible protections. They can include but are not limited to:

• The communication at issue was not connected to the wire fraud method.
• You behaved in good conscience and lacked the intention to defraud.
• You did not share or have an awareness of what was found in the communication.
• As a promotional tactic, you just used overstated claims.
• The suspected victim did not sustain an injury.
• The presence of the objectionable material and the method of transmission are not confirmed.
• Other traditional procedural defenses, such as the denial of the right to counsel or infringement of Miranda rights.

The general information provided above about wire fraud in Fort Lauderdale is meant for educational purposes only and is not a substitute for speaking directly with an attorney about the facts and circumstances of your case. Please call 954.500.0003 in Broward or 305.674.0003 in Miami to schedule a consultation with the Law Offices of Mark Eiglarsh.