Wire Fraud: What Is It and What Are the Penalties

Wire fraud is a daily occurrence in this country, often highlighted in news warnings, especially during the holiday season. Take, for example, this Nevada politician who was found guilty of a wire fraud scheme. Unfortunately, countless individuals fall prey to these schemes every day, making wire fraud a persistent and widespread issue.

It used to be via the phone only but with the advent of the internet, wire fraud has taken on a whole new meaning. Wire fraud can originate from anywhere in the world—whether it’s Nigeria or Nevada, location no longer matters. The internet has created unprecedented reach, enabling schemes that were once impossible. Even innocent people get sucked into wire fraud cases just by sending what they presume is an innocent email. 

Even if you had no intention of committing wire fraud, you may have played a part in it just by hitting send on your computer. 

A perfect example of wire fraud is an email or phone scam where the recipient will receive a prize in exchange for some form of payment to have the monetary prize sent. They usually ask for money or credit card information. 

Another example is where scammers get a hold of personal information on someone and call a family member saying they are hurt in another country and money needs to be sent right away. 

These scams seem real because the scammers have personal information that you think no one else will know. Scammers use fear as a way to get people to do what it is they need to gain some sort of trust and use against their victims.

If you are accused of wire fraud, you need to hire a criminal defense attorney. The Defenders has extensive experience defending clients against various white-collar crimes. Contact our office today to evaluate your case for free.

What Is Wire Fraud?

Wire fraud is using wire communications to carry out a fraudulent act. Wire communication is using one of the following to commit the crime:

• The phone 
• Internet 
• Radio 
• Television 

Wire fraud is a serious federal offense, prosecuted by the U.S. Attorney’s Office rather than local district attorneys.

In order to be found guilty of wire fraud, there are five elements that must be proven:

1. You planned to carry out fraud
2. You intended to defraud the victim 
3. The false information was an important part of the fraud 
4. You relied on wire communications to carry out the fraud 
5. This wire communication crossed state lines

Wire fraud has gotten very sophisticated and in some cases very hard to spot.

For example, you get a text from the post office saying they can’t deliver your package unless you provide new personal information. This is a scam since the post office will not send a text to ask for information.

If you receive this text you should always contact the post office directly and not click on the link or answer any questions about personal information via text. 

You could unknowingly become a victim of these scams. 

If you pass along these scam via email you may get caught up in the criminal charges these scammers face.

Who Investigates Wire Fraud?

Wire fraud is typically classified as a federal crime because it often involves activities crossing state lines. The Federal Bureau of Investigation (FBI) is responsible for investigating such cases. Once the FBI gathers sufficient evidence, the U.S. Attorney’s Office takes over to prosecute the charges. Since wire fraud is a federal offense, these cases are adjudicated in federal courts.

What Are The Defenses Against Wire Fraud Charges?

The Defenders would use a few possible defenses as a strategic plan to get the charges of wire fraud reduced or dismissed. Based on our history the two most common defenses are:

1. There was no intent: Intent is intangible, therefore it is very hard to prove. If you did not knowingly make any false representations leading to fraud then the charges should be dropped. The example about sending an email to another is a perfect example of this. You were just forwarding an email and did not know the email was a scam.
2. The evidence against you was gathered illegally: Police will get a search warrant to search places for evidence. If the police search other places not on the search warrant and gather evidence, the evidence gathered from the search not on the search warrant is considered illegal. Your defense team at The Defenders can request a motion to suppress. If this happens prosecutors might not have enough evidence to continue to prosecute your case.

What Are The Penalties?

Wire fraud is a grave offense accompanied by severe penalties including:

• Up to 20 years in prison 
• Fines based on the seriousness of the crime 
• Restitution to the victims 

If the wire fraud was against a bank or financial institution or the fraud involved federal disaster relief, the penalties increase significantly. If either of these scenarios occur the defendant could face:

• 30 years in prison
• $1 million in fines 

Related Crimes

There are some other offenses that a person can be charged with related to wire fraud or a defendant can be charged with crimes in conjunction to wire fraud include:

1. Mail Fraud: Using schemes to defraud another person to obtain money, property, or services through false pretenses or promises, involving the use of the postal service to carry out the scheme.
2. Bank Fraud: Defrauding a financial institution out of money or property using false pretenses.
3. Embezzlement: Stealing property that you were entrusted with, often in a workplace setting, particularly involving finances. Commonly referred to as employee theft or employee fraud.
4. Identity Theft: Using another person’s identity to harm them or gain something of value.
5. Obtaining Money Under False Pretenses: Deceiving someone to acquire something of value, such as money, property, rent, or labor, by using false pretenses.
6. Securities Fraud: Providing false information to mislead investors into buying or selling stocks.

These crimes all carry lengthy prison terms in addition to the charge of wire fraud. 

They can be added to the charges of wire fraud and sometimes charged as a separate offense. If convicted of multiple fraud charges you could face significant prison time. That’s why the lawyer you hire is so important. 

How Can The Defenders Help?

Financial crimes such as wire fraud, securities fraud, and identity theft are categorized as white-collar crimes—nonviolent offenses characterized by deceit, manipulation, or concealment to unlawfully obtain money, property, or other advantages from others.

White-collar crimes may be nonviolent, but their impact can be devastating, often leaving victims with significant financial losses. As a result, these offenses carry severe penalties to reflect their serious consequences.

They are felonies that can land you in prison for decades depending on the severity of the case. 

You need to hire a lawyer who has experts on staff with financial crimes. 

Our team will draw up a strategic defense against the charges. 

We will guide you through the court process, ensuring you know what to expect at every stage. From start to finish, we’ll be by your side, providing clarity and support.

One thing we recommend: never speak to investigators without your defense attorney present.

The moment you face charges, it’s critical to hire a legal team that prioritizes your best interests. Relying on an overburdened public defender could lead to costly consequences, both legally and personally.

If you or a loved one is facing any criminal charge, contact The Defenders for help.

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