Top San Jose, CA Wire Fraud Lawyers Near You

What Is Wire Fraud?

Wire fraud generally involves attempts to gain money or other property through false representation by means of a computer, telephone, or other electronic communication. Wire fraud may sound like an outdated term because so much of our communication is wireless. However, wire fraud may include forms of electronic communication, including text messages, emails, or social media posts.

Wire fraud can be considered a “white-collar crime.” White-collar crimes are nonviolent crimes motivated by financial gain, including insurance fraud, money laundering, and embezzlement. Using a computer or telephone, wire fraud can be committed across state lines or across international borders without any direct physical contact.

What Does the Prosecutor Have to Prove for Wire Fraud?

Under the U.S. Code, wire fraud is a federal crime. It is a criminal offense to devise any scheme to defraud or obtain money by fraudulent representations, transmitted by wire, radio, or television communication in interstate or foreign commerce. This includes communications of any writings, signs, signals, pictures, or sounds to execute the fraudulent scheme.

What Type of Crime Is Wire Fraud?

Computer technology allows users to be anonymous when communicating across the world. When online communication is used to commit fraud, it can be considered wire fraud. Computer crimes that involve types of fraud can include:

• Phishing scams
• Malware
• Hacking email accounts

One of the most well-known examples of wire fraud involves the Nigerian prince email scams. Other forms of the advance fee scam include fake job offers, lottery winnings, fake property rental or car sales, or online dating scams.

The victim gets an unsolicited email from someone claiming to have access to a large amount of money but needs help getting the money out of the country. The victim is asked for money for a processing fee or to help bribe a government official to get the money, for which the victim is promised a reward. After the victim sends the money, the scammers may continue to delay the reward with additional fees. The victim will never receive any money but may end up sending thousands of dollars of their own money through bank transfers or purchasing gift cards.

Who Investigates Wire Fraud?

Wire fraud investigations can involve a number of state and federal government agencies. Depending on the alleged offense, private companies may also be involved in an investigation. For example, when the wire fraud involves insurance fraud, defrauding financial institutions, or bank fraud, the insurance company or bank may begin the investigation, and then report the suspected fraud to law enforcement.

Wire fraud investigations can involve local, federal, or international law enforcement agencies. Investigative agencies in wire fraud cases may include:

• Federal Trade Commission (FTC)
• Federal Bureau of Investigation (FBI)
• Internal Revenue Service (IRS)
• Department of Justice

If you suspect you are being investigated for wire fraud, you may want to contact an attorney before cooperating with the investigation. Participating in an investigation without legal representation could expose you to potential liability.

Is Wire Fraud a Felony or Misdemeanor?

Under United States law, wire fraud is a felony. The penalties for a conviction for wire fraud include up to 20 years imprisonment and a fine. However, the penalties can be increased if the violation occurs in relation to any nationally declared major disaster or emergency. Wire fraud involving a national disaster can result in fines of up to $1 million and up to 30 years in prison.

A felony conviction on your criminal record can continue to complicate your life even after serving your sentence. Felons may have to disclose their criminal history in job applications, housing applications, or applications for public benefits. Felons may be restricted from scholarship opportunities and felons may not be able to own or possess a firearm.

Do I Need an Experienced Attorney for a Wire Fraud Case?

If you are accused of wire fraud, you have the right to a criminal defense lawyer. A criminal defense attorney can review your case, identify possible legal defenses, and defend you in court. Common defenses may include the lack of evidence against you where the prosecutor is hoping to get you to plead guilty. The evidence may have been gathered in violation of your 4th Amendment rights against unlawful search and seizure.

A federal fraud lawyer may also be able to negotiate with the prosecutors to get the best outcome in a plea agreement. A plea bargain can have federal charges dropped, wire fraud charges reduced, or lesser sentencing to help you avoid jail time.