Fighting Federal Criminal Charges in Los Angeles - 18 U.S.C. § 1343: Wire Fraud

Since a conviction for wire fraud carries a maximum sentence of 20 years in Federal prison, it is highly recommended that you consult with a criminal defense attorney as soon as you are aware of an investigation into you or charges have been filed against you. Early intervention is critical.

1. The Elements of the Wire Fraud Offense

   The prosecution needs to be able to prove each and every one of the elements of an offense beyond a reasonable doubt in order for you to be convicted at trial. If the prosecution cannot prove even just one element beyond a reasonable doubt, the jury is required by law to find a not guilty verdict. It is for this reason that an understanding of all of the elements of an offense is critical to preparing a defense for your case. Accordingly, for the crime of wire fraud, the elements are: (1) You were knowingly involved in a plan to defraud to obtain money or property; AND (2) You made statements or omitted facts that were material to the plan and had a tendency to influence someone to part with his or her money; AND (3) You had the intent to defraud; AND (4) You used a wire communication as an essential part of carrying out your scheme.

2. Typical Wire Fraud Cases

   A wire fraud case can occur when someone e-mails out advertisements encouraging people to invest in his company but lies about what his company actually does. Wire fraud also can involve the use of telephones and fax machines.

3. Related Wire Fraud Offenses

   Related offenses are offenses that can sometimes be charged together or sometimes charged instead of one another. For the crime of wire fraud, related offenses are: 18 U.S.C. 1341: Mail Fraud, 18 U.S.C. 1344: Bank Fraud, 18 U.S.C. 1347: Health Care Fraud, 18 U.S.C. 1348: Securities Fraud, 26 U.S.C. 7206: Fraud and false statements, 26 U.S.C. 7207: Fraudulent returns, statements, or other documents, California Penal Code 487: Grand Theft, California Penal Code 503: Embezzlement, California Penal Code 532f(a)(1)-(4): Mortgage Fraud, California Penal Code 550(a)(1)-(5): Fraudulent Insurance Claims, California Penal Code 550(a)(6)-(9): Health Care Fraud.

4. Possible Consequences of a Wire Fraud Conviction

   In Federal cases, a set of guidelines advises judges on how to appropriately sentence an individual. The guidelines incorporate factors such as the offense itself, any egregious elements of the offense, and the defendant's criminal history. By combining these factors, judges are given a sentencing guideline range (i.e., 53-71 months) and judges often select a sentence from that range. Defendants, however, are free to both dispute the calculation of the sentencing guideline range and to argue for a sentence below the guideline range. The statute for wire fraud, however, states that the maximum sentence is 20 years in Federal prison.

5. Possible Wire Fraud Defenses

   Available defenses always depend on the facts of the case. One of the best methods of attacking a charge of wire fraud is to attack each of the elements of the offense. We will look for facts that demonstrate you did not have an intent to defraud, that no material statements or omissions were made, and that the materials sent through the wire were not relevant to any scheme.