Under the federal statute, 18 United States Code section 1343, wire fraud is defined as:
“Any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses . . . to be transmitted by means of wire, radio, or television communication.”
In other words, it is a federal offense to use a telephone, radio, television, Internet or fax machine to commit fraud. Wire fraud is punishable in federal court by up to 20 years in prison. Wire fraud is a very serious allegation and if you are facing federal wire fraud charges, it is critical that you seek out the representation of an experienced criminal defense attorney like Ron Cordova.
With more than 40 years of criminal defense experience, Ron Cordova has extensive experience and an incomparable track record in federal courts. Wire fraud charges are usually brought along with other charges of federal financial crimes. To discuss your wire fraud or other federal criminal case in a free consultation, contact Ron Cordova today.
Wire Fraud — Broad, Sweeping Offense
The federal statute that describes wire fraud is broad and sweeping, covering a wide range of communication devices. Anything from sending a fax to talking on your cell phone about committing an act of fraud can constitute wire fraud. Wire fraud is similar to mail fraud, which is using the United States Mail to commit fraud. These cases are prosecuted in federal court, as any act involving interstate commerce through the use of the Internet or a telephone can trigger federal court jurisdiction.
Wire fraud is often brought along with other charges such as:
- Bank fraud
- Check fraud
- Credit card fraud
- Forgery/identity theft
- Mortgage fraud
- Money laundering
- Embezzlement
- Securities fraud
- Computer/Internet fraud
How Wire Fraud Differs From Other Types Of Fraud
The main difference lies in the method of communication. Wire fraud involves using electronic communications like email, text or phone to engage in a scheme to defraud, while mail fraud relies on using the postal service.
For example, if someone sends fake investment documents via email to solicit money, that is wire fraud. If those documents are sent through the U.S. Postal Service, it is mail fraud.
Who Investigates Wire Fraud?
Federal agencies investigate wire fraud due to its interstate nature. The FBI is the primary agency handling wire fraud cases, especially when the fraud involves large sums or crosses state lines.
The IRS may get involved if the scheme includes tax violations or hidden income. If there is wire fraud involving securities or investment scams, the Securities and Exchange Commission (SEC) may be involved.
In some cases, the U.S. Postal Inspection Service and the Department of Justice (DOJ) also collaborate, especially when mail fraud is charged as well as wire fraud.
What Are The Penalties For Wire Fraud?
Wire fraud penalties can be severe, depending on the scope of the scheme and whether it involves other crimes like identity theft or securities fraud. Defendants face prosecution in a federal court where sentences tend to be much harsher than those in state court.
Potential penalties for wire fraud include:
- Up to 20 years in federal prison per count
- Up to 30 years in prison if the fraud affects a financial institution or involves a federal disaster or emergency
- Fines of up to $250,000 for individuals or $500,000 for organizations
- Restitution to victims
- Asset forfeiture of any money or property tied to the fraud
- A federal criminal record that can impact employment, housing and professional licenses
Given how aggressively these cases are prosecuted, consulting a federal criminal defense attorney as early as possible is crucial – ideally before charges are filed. Our wire fraud lawyer can help protect your rights, challenge the government’s evidence and work to reduce or dismiss the charges altogether.
Schedule A Free Consultation With A Wire Fraud Attorney
From his law office in Irvine, Ron Cordova represents clients charged with misdemeanor and felony offenses in Orange County and communities throughout Southern California. He represents clients charged with federal offenses in federal courts across the United States. To schedule a free initial consultation, call toll free at 949-769-2175 or contact the office by email as soon as possible.
