Are you facing charges for allegedly engaging in a fraudulent scheme via the internet, phone, or TV? The threat of a criminal record and federal wire fraud penalties isn’t something to take lightly. You need a defense attorney with in-depth experience handling the complex factual and legal issues in wire fraud prosecutions on the federal level.
At the Law Offices of Jonathan F. Marshall, our federal wire fraud lawyers know how to investigate these serious charges, identify potential weaknesses in the government’s case, and craft a defense strategy to exploit those flaws. Our team can reduce the anxiety and stress that inevitably come with federal criminal charges, providing you with the support and guidance you need during a difficult time.
Contact us today for a free case review to learn more.
How We Can Help You If You’ve Been Accused of Federal Wire Fraud
The legal team at the Law Offices of Jonathan F. Marshall can help you seek a favorable resolution to your wire fraud charges through our dedicated, knowledgeable approach to preparing and pursuing criminal defense cases. When you contact us, our wire fraud attorneys will quickly go to work on your case by:
- Reviewing your case file to understand the government’s wire fraud allegations and explaining your charges to you in clear language
- Helping you understand the possible outcomes of your case and answering your questions so you can make informed decisions at each step
- Thoroughly investigating your case to recover evidence that can help build a strong defense strategy, including electronic communications, computer or internet records, and witness statements
- Protecting your rights by highlighting improper acts by law enforcement investigators, such as unlawful searches, and moving to exclude inadmissible evidence
- Advocating for the most favorable outcome in your case, whether that’s a plea deal, dismissal, or acquittal
Why Choose the Law Offices of Jonathan F. Marshall as Your Criminal Defense Lawyer?
Federal law enforcement agencies and prosecutors have substantial resources to investigate and pursue wire fraud charges. To fight back, you need a law firm that can stand up for you and demand that the criminal justice system respects your rights.
Let the Law Offices of Jonathan F. Marshall help you protect your reputation and freedom from the potential consequences of a federal wire fraud conviction because:
- Our defense lawyers offer over 250 years of combined legal experience. With a team that includes 20 attorneys dedicated exclusively to criminal defense, we’ve successfully defended thousands of New Jersey residents against serious criminal charges. Our lawyers have even earned recognition from our peers in the legal community and are frequently invited by the media to speak as legal consultants.
- Our attorneys have extensive backgrounds on both sides of the criminal courtroom. Many of our team members have served as county and municipal court prosecutors throughout New Jersey, handling a wide range of cases, including major crimes. Our experience gives us critical insight into how prosecutors build cases, which we use to develop strategies designed to target the weaknesses in the federal government’s case.
- Our firm has 18 office locations across New Jersey. Because we work statewide, we have a deep familiarity with federal courts, court staff, and prosecutors. That means we know the court procedures and the prosecutors’ common tactics, allowing us to guide our clients through the justice system more efficiently.
Our dedication to fighting for our clients’ rights and interests has earned us stellar reviews from many of the people we have represented. As one client wrote of their experience with our firm:
“Me and my family candidly had no experience with criminal lawyers. We were referred to three lawyers and picked Jonathan to defend my case. This is the best move we could have made as Jonathan got us a result that was outstanding. He also communicated with us in an understanding manner, put the time into the case and was also definitely skilled in his profession. Everyone seemed to know that he wasn’t the run of the mill guy when we walked into court, even the judge. The entire process was handled in a top shelf manner. Jonathan provided everything we needed in a rough time. I recommend him.” – Steve
Wire Fraud Under Federal Law
The federal wire fraud statute (18 U.S.C. § 1343) makes it a crime to engage in a fraudulent scheme using phone, internet, radio, or television communications in interstate or foreign commerce.
The elements of federal wire fraud include:
- Intent – An offender must commit or intend to commit a fraudulent scheme to obtain money or property from someone else.
- Materiality – The fraud must involve a “material” misrepresentation of a fact, meaning it could influence the recipient’s decisions or actions.
- Use of wire communications – The offense must involve the transmission of fraudulent pretenses via wire (e.g., phone, fax, internet), radio, or television communication.
- Interstate or foreign commerce – The offense must occur in the stream of interstate or foreign commerce, which usually means across state lines or national borders.
How Federal Wire Fraud Investigations Begin
Federal wire fraud investigations typically begin when alleged victims report a suspected scheme to law enforcement authorities. If authorities determine that a fraudulent scheme may have occurred through telecommunications, federal agents and prosecutors may open an investigation into wire fraud charges. Federal authorities may also begin an investigation as part of a “sting” operation to identify a fraudulent scheme.
Agencies such as the Federal Bureau of Investigation (FBI), IRS Criminal Investigation (IRS-CI), Department of Homeland Security, and U.S. Secret Service may conduct wire fraud investigations. Investigators will target evidence of federal criminal offenses such as:
- Electronic communications, including cell phone records and chat logs
- Stored data from email, social media, and cloud storage service providers
- Financial records showing transactions or transferred money
- Witness statements from alleged victims or other involved parties
Common Types of Federal Wire Fraud Cases
Common scenarios where federal investigators and prosecutors might pursue charges under federal wire fraud laws include:
- Telemarketing or sweepstakes scams
- Phishing attacks to gain personal, financial, or login information via phone or email
- Offers for fraudulent services, including tax or debt resolution scams
- Sending fraudulent or falsified invoices
- Fraudulently billing under federal contracts or federal healthcare or benefit programs
- Falsely advertising the nature, quality, or existence of products
- Bank or insurance fraud schemes
Penalties for Federal Wire Fraud
Under the wire fraud statute, a convicted defendant could face a sentence that includes a hefty fine and up to 20 years in prison, or both. However, wire fraud offenses involving a financial institution or presidentially declared disaster or emergency benefits increase the maximum penalty to up to 30 years in prison and a $1 million fine.
Federal wire fraud sentences may also have other consequences. For instance, a federal court may order the defendant to serve probation after release or pay restitution to victims for financial losses.
District courts typically follow the federal sentencing guidelines for wire fraud when determining a defendant’s sentence. The guidelines require district courts to consider factors such as:
- The amount of loss involved in a defendant’s offense
- The number of victims
- Their role in the alleged scheme
- Aggravating factors, such as causing substantial financial hardship to victims
- Mitigating factors, such as illness or family responsibilities
- The defendant’s criminal history
A wire fraud conviction can carry serious financial consequences and the loss of freedom for years, as well as damage to your personal and professional reputation. That’s why you need dedicated legal counsel when you’re facing prosecution for wire fraud.
Potential Defenses to Allegations of Federal Wire Fraud
A person facing a federal wire fraud charge might pursue various defense strategies to challenge the government’s evidence or seek dismissal, acquittal, or a favorable plea bargain. Common defenses include:
- Lack of intent – Defendants may assert that they had no intent to defraud or perpetrate a fraudulent scheme, such as by arguing that they believed it was an honest transaction.
- Lack of materiality – A defendant might argue that an alleged fraudulent or misleading statement or representation does not meet the materiality standard.
- Mistaken identity – A defendant may claim that the government has misidentified them as the person responsible for sending a communication as part of a fraudulent scheme.
- Unlawfully obtained evidence – Defendants may seek to exclude evidence from the government’s case by arguing that investigators obtained it illegally, such as through an improper search warrant, wiretap, or communications data warrant.
Contact Our Federal Wire Fraud Defense Lawyers for Help Today
If you’ve been accused of wire fraud, you should not have to face the federal criminal justice system alone. You need knowledgeable, experienced counsel to help you navigate the complex legal and factual issues in your case.
Contact the Law Offices of Jonathan F. Marshall today for a free consultation with our federal wire fraud defense attorneys to discuss how our firm will fight for your future and freedom.
*Each case is unique, and past results do not guarantee future outcomes.
