Wire Fraud Charges in Criminal Law
Federal prosecutors often pursue wire fraud charges when they lack sufficient evidence on which to base another charge. Other times, the offense is charged as a way to make a person face federal charges for a crime that would otherwise be pursued in a state court. The offense can be initiated against any person who uses telephones, the internet, or fax machines to commit fraud. If you or a loved one is charged with wire fraud, it is helpful to understand how these charges are made. It is almost always often a wise idea to obtain the assistance of a seasoned federal attorney who can help create a strong defense to respond to these charges.
Requirements to Satisfy Wire Fraud Charges
To convict a person of wire fraud, the prosecution must establish that the person willfully and knowingly defraud others. Accidental or unintentional accidents are not enough to justify a wire fraud conviction. Federal prosecution, however, pursues wire fraud charges aggressively and it is common for a person to end up being accused of the offense without actually having any criminal intent to do harm. To satisfy a conviction of wire fraud, the government is not required to prove that you actually committed the offense or that someone was defrauded or lost money. Instead, wire fraud can be prosecuted in cases in which no actual loss occurred. To satisfy a charge of wire fraud, federal prosecutors must establish that a person intentionally deceived another individual for the purpose of unlawfully profiting from the person’s losses. Fraud can involve accepting payments for services without any intention of providing them or accepting payment for goods without intending to deliver them.
Defenses to Federal Wire Fraud Charges
Because a conviction requires knowledge of the fraud, the government often relies on circumstantial evidence to show that a defendant knew of the fraud. For this reason, in wire fraud cases, good faith is often the strongest defense in response to these charges. This requires showing that the person who is charged honestly believed that he or she was acting in a lawful manner. Some of the ways to best establish a good faith defense including showing that the person’s behavior conformed to the patterns of the industry.
As previously mentioned, it is also common to raise a defense that the person being charged did not intend to commit that type of crime. It is also important to note that for these types of convictions, the offense must have been committed within the last five years. Some people are able to successfully argue that the illegal activity occurred more than five years ago and avoid charges this way. Punishment for these charges can vary in severity which is why it is best to consult an expert attorney.
Consult an Experienced Federal Criminal Defense Lawyer
If you are charged with any state or federal crime, it is critical to quickly obtain the assistance of a seasoned federal criminal defense lawyer. Contact the Federal Criminal Law Center today to obtain the assistance of an attorney who will assist you in creating the strongest defense possible. Contact our law office today to schedule a free case evaluation.