Wire fraud is a federal offense due to the various jurisdictions involved and the complexity of these types of cases. Anything that involves computers and moving things across state lines typically draws the attention of the feds, as they have the authority to address complex and multi-jurisdictional criminal issues. Our federal criminal defense lawyers provide an overview below.
If the crime is a wire fraud federal case, then law enforcement, including the FBI and Homeland Security, will use specific methods to determine what the person did. If it involves high dollar amounts, the feds get involved because state governments and local law enforcement agencies often lack the resources and time to track and successfully prosecute some of these more sophisticated wire fraud-related offenses.
There are numerous wire fraud cases at the federal level, under 18 U.S.C. § 1343, which far exceed those at the state level, primarily due to the higher level of sophistication involved. The federal government also has more manpower than the state government to effectively track and prosecute these crimes.
Examples Of Federal Wire Fraud Cases
Whenever money is transferred from one bank account to another in an unauthorized manner, federal authorities are responsible for investigating wire fraud. For example, I've seen some schemes on the Internet where people are tricked into spending money from their accounts and transferring funds into the thief's account.
This would fall in the category of wire fraud. Another example is when criminals launder money by using an innocent person's bank account. The innocent person is given a check of about $5,000, which they run through their bank account. They take the money, receive a small portion for their trouble, and the criminal retains the rest.
Meanwhile, the original owner of that money, who's an unsuspecting victim, loses their money. Thus, the authorities will likely classify that activity as wire fraud because the money was transferred from one location to another. It was also done with criminal intent. Anyone who was part of that scheme and knew what was happening can be charged with wire fraud.
We typically see wire fraud crimes where bank accounts are used to transfer money that is part of a criminal enterprise. The criminal enterprise can involve drugs, some form of Internet trickery, or an employee working at a large company who is transferring unauthorized funds from the company into their own account. These kinds of activities are considered wire fraud.
Charged With Wire Fraud In A State Where You Don't Live
If you move money from one location to another, both states can charge you with wire fraud. If they can prove that the money passed through their state and that the source of the money was involved in an illegal criminal activity, that person can be charged with wire fraud. This is a situation that is ripe for federal intervention.
Whenever money is being transferred from one state to another, the proactive involvement of the federal government ensures that local authorities' struggles to track this money are addressed. Their jurisdiction to operate across state lines and their ability to successfully prosecute these cases provide a sense of security to the public, especially in states like California where local authorities' jurisdiction is limited.
The comprehensive approach of the federal government in handling wire fraud cases instills confidence in the public. Their ability to move between state lines effectively, issue nationwide subpoenas, and have federal authorities present throughout the nation ensures that these cases are dealt with thoroughly and effectively.
For example, the Los Angeles Police Department will not be able to operate in another state. All they'd be able to do is call the other state's agency, tell them about the situation, and see if they will cooperate.
The federal authorities have authority everywhere in every state. The FBI in the state where the mail or fraud is occurring can intercept the package and address the criminal activity that is taking place.
Can I Be Convicted Of Wire Fraud If I Didn't Receive Any Stolen Money?
If you didn't receive any stolen money from mail or wire fraud, a conviction would depend on whether the authorities can prove that you were involved in the illegal activity. In other words, did you conspire with others to become involved in some sort of illegal activity?
When it comes to conspiracy theory in mail and wire fraud cases, this allows the authorities to cast a much wider net to catch people. Not everyone has to be involved in every aspect of the conspiracy. For instance, if someone mails drugs from one state to another, and the person mailing the drugs has an agreement with the person who's receiving the drugs, both parties can be charged with mail and wire fraud.
Since both parties know that the illegal drugs are going to be sent, and even though each person doesn't do every aspect of the crime, because of the conspiracy theory, both parties can be charged equally in that scenario.
Are Wire Fraud Charges Tacked On To Other More Serious Charges?
Depending on the circumstances of the case, mail and wire fraud charges may be added to other, more serious charges. If somebody is mailing large sums of drugs through the mail in addition to mail and wire fraud, they could also be charged with trafficking drugs.
There is a wide range of charges that can be filed, depending on the circumstances. Let's say someone works at a large corporation and they divert a million dollars into someone else's bank account in another state. In addition to mail and wire fraud, they could also be charged with some form of embezzlement or theft-related offense because they're stealing money from their employer.
Let's say that they also use the stolen money from their employer to buy drugs, sell them, and move them across the country; then, in that scenario, they'd also be charged with trafficking in illegal narcotics. It really depends on what they're doing and how they're effectuating their crime.
It also depends on whether other crimes are being committed in addition to mail and wire fraud. However, the authorities don't need to consider other crimes. Typically, in mail and wire fraud cases, this type of criminal activity is sufficient to subject the person to serious criminal penalties, depending on the amount of the loss to the victim.
Additionally, the vulnerability of the victim, the impact on them, their company, and business, as well as the sophistication of the individual involved in accomplishing the mail and wire fraud activity.
Strategies from the Best Federal Fraud Defense Lawyer
I've been handling federal fraud cases now for over 30 years. The concept of fraud is comprehensive and can take several different forms. So, if you or a loved one is charged with a federal fraud case, you want to get an attorney with much experience. One significant factor the feds look at is the sophistication of fraud-related activity. In other words:
- What mechanism did the person use?
- Did the person sit in a position of trust as an employee when they committed the fraud?
- What is the scope of the fraud?
- How much money was taken?
These are all concerns when it comes to a federal fraud case.
Can the Prosecutor Prove the Case?
One of the first things we need to take into consideration is to determine whether or not the feds can prove the case against you. In other words, what evidence do they have to prove you committed the charge?
If we determine that they cannot prove the case against you because they're missing some evidence or you're innocent, we'll set the case for a jury trial and begin preparing to challenge their case and obtain a not-guilty verdict.
If, on the other hand, they've got evidence against you that shows that you are, in fact, guilty of the charges and you did commit some federal fraud, whether it be bank fraud, wire fraud, or whatever the case may be, then we take a different approach. We will strive to mitigate the circumstances and work out a plea agreement that is mutually beneficial for you, your future, your family, and your freedom.
Retain a Federal Criminal Lawyer
When it comes to mail and wire fraud, a lot of it is common sense. If the person has committed other crimes involving mail or wire fraud, they will be charged with those crimes as well. But it's not necessary to commit other crimes, and it's still a very serious situation if you're charged with mail and wire fraud at the federal level.
You should get an attorney right away if you are entangled in mail and wire fraud. An attorney can do damage control and make moves in your best interest.
Hedding Law Firm is a criminal defense law firm located in the San Fernando Valley area of Los Angeles County, at 16000 Ventura Blvd, #1208, Encino, CA 91436. We are also located at 633 West Fifth Street, Los Angeles, CA 90071. Contact us for a free case evaluation at (213) 542-0994.
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