Wire fraud has been a federal crime in the United States since 1872. It involves the use of the telephone, cell phone, Internet, fax, e-mail, or any other form of electronic communication in order to commit fraud. It is a serious crime, and if you are convicted you will be charged with a felony.
Proving Wire Fraud
941 U.S.C. 1343 governs Wire Fraud and the elements that must be proved in order for a conviction. A prosecutor must prove the following:
-That you voluntarily and intentionally devised or participated in a scheme to defraud another person out of money.
-That you did it with the intent to defraud.
-That it was reasonably foreseeable that interstate wire communications would be used.
-That interstate wire communications were in fact used.
Something to keep in mind, is that the electronic communication does not need to be an important aspect to the fraud. If you simply mention your fraudulent plan on the telephone, you could face prosecution. Also, you do not need to be the person who initiates the electronic communication in order to be accused of wire fraud. For example, If you do something that causes another person to wire you money, that will be enough to charge you with wire fraud.
Penalties Associated with Wire fraud
If you are convicted of wire fraud, you could be facing a 20-year felony, 3 years of probation, and a fine of up to $250,000 or twice the amount of loss caused by your fraud, whichever is greater.
Just like other fraud cases, each individual fraudulent act can be a separate charge against you. It is for this reason that you should consult with an experienced wire fraud attorney immediately.
If you have been charged with a federal crime, such as wire fraud in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Mr. Morris was recently voted Top Attorney in Metro Detroit for 2012 and 2013 in the area of criminal defense.
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