WIRE FRAUD

Federal law criminalizes wire fraud, which is defined as a scheme to intentionally deprive another person of property or money through fraudulent or deceitful acts by use of the technological communication or an interstate communications facility.  The Federal government aggressively prosecutes wire fraud charges throughout the United States.  Kenneth Padowitz, P.A. has successfully defended clients accused of all types of fraud including wire fraud and other State and Federal offenses.

What Is the Legal Definition of Wire Fraud?

18 U.S.C. 1343:

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.5122)), or affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

Specific federal crimes that may be implicated when a person commits wire fraud include mortgage fraud, mail fraud, organized fraud, health care fraud, and identity theft.  If convicted of mail fraud, a defendant may face imprisonment for no more than 20 years and/or a fine.  If the criminal offense affects a financial institution however, then punishment is more severe; punishment may include up to thirty years in prison and a fine of up to $1,000,000.

Elements to Wire Fraud

Similar to mail fraud, there are three main elements to wire fraud: intent, a “scheme” to defraud or the actual obtaining of others’ property by fraud, and an electronic communication aiding in the commission of the fraudulent crime.

Fort Lauderdale Criminal Defense Attorney

If you have been charged with wire fraud or believe you may be charged in the future, you need an experience criminal defense attorney. Fort Lauderdale Federal criminal defense attorney Kenneth Padowitz will provide the strategic criminal defense you need. Our firm exclusively handles both State and Federal criminal defense cases throughout the U.S. and South Florida, including: Fort Lauderdale, Miami, Tamarac, Palm Beach, Weston, Boca Raton, and Plantation. Call Kenneth Padowitz, P.A. to discuss this important matter.