Federal Wire Fraud

Federal Wire Fraud Defense with Attorney Josh Tomsheck and Hofland & Tomsheck

Wire fraud is a serious federal crime that carries significant consequences, including long prison sentences and substantial fines. Federal prosecutors aggressively pursue wire fraud cases, and the laws that govern these charges are extensive and complex. If you’re facing federal wire fraud charges, having an experienced defense attorney who understands the intricacies of federal law and has a strong track record in defending clients is essential.

At Hofland & Tomsheck, Josh Tomsheck, a nationally board-certified criminal defense attorney, leads our team in defending clients accused of federal wire fraud. With years of experience navigating federal court and challenging serious allegations, Josh Tomsheck brings the skills and knowledge necessary to secure the best possible outcome for those facing these charges.

Related or Similar Offenses

Wire fraud charges are frequently brought alongside other federal crimes, especially when the fraudulent activity spans multiple platforms or involves financial institutions. Some of the most common related offenses include:

• Mail Fraud (18 U.S.C. § 1341): This offense involves using the postal service or private carriers to carry out a fraudulent scheme. If you send or receive mail as part of a broader fraudulent activity, you may face both mail fraud and wire fraud charges.
• Securities Fraud (15 U.S.C. §§ 78j, 78ff): If the fraudulent activity is related to stocks, bonds, or investments, securities fraud charges may be filed in addition to wire fraud.
• Money Laundering (18 U.S.C. §§ 1956, 1957): If the proceeds of the fraudulent activity are funneled through complex financial transactions to conceal their origins, money laundering charges can accompany wire fraud allegations.
• Bank Fraud (18 U.S.C. § 1344): If fraudulent activity targets a financial institution or involves fraudulent transactions within banks, bank fraud charges may be filed.
• Conspiracy to Commit Fraud (18 U.S.C. § 371): If multiple individuals plan or coordinate fraudulent activities together, conspiracy charges can be added to wire fraud cases, even if the fraud itself is incomplete.

Each of these related offenses carries its own set of penalties and can significantly increase the legal consequences for defendants. Josh Tomsheck has experience handling cases that involve multiple charges, ensuring that each aspect of your defense is carefully managed.

What Is Wire Fraud?

Wire fraud is defined under 18 U.S.C. § 1343 and criminalizes the use of electronic communications to carry out a fraudulent scheme. This statute applies to fraud that is facilitated using technology such as the internet, phone calls, emails, or other electronic means. The government frequently uses this statute to prosecute individuals who engage in fraudulent schemes that cross state or national borders using interstate communications.

Wire fraud charges typically arise when the government accuses someone of using electronic means to intentionally deceive others in order to gain financial benefits, property, or services. Because technology is a central element in modern business and personal communications, wire fraud cases can involve a wide range of activities, from online scams to business-related fraud.

Essential Elements of Wire Fraud

For a wire fraud conviction, federal prosecutors must prove the following elements beyond a reasonable doubt:

1. A Scheme to Defraud: The defendant must have been involved in a scheme that was designed to deceive or mislead others for personal gain. This can include false promises, misrepresentations, or fraudulent activities.
2. Intent to Defraud: The government must show that the defendant acted with the specific intent to deceive and defraud others. The actions must have been purposeful, with the intent to cause harm or financial loss to the victims.
3. Use of Interstate Wires: The fraudulent activity must involve the use of interstate electronic communications, such as phone calls, emails, social media, or other forms of digital communication. This is a key element that distinguishes wire fraud from other types of fraud.
4. Financial Harm or Attempted Harm: Prosecutors must demonstrate that the fraudulent scheme caused or attempted to cause financial loss or harm to the victims.

Wire fraud cases are often prosecuted when the fraud spans multiple states or involves communications across borders, making it a crime with national and even international implications.

Examples of Wire Fraud

Wire fraud can take many forms, depending on the nature of the fraudulent scheme and how electronic communications were used. Some of the more common examples of wire fraud include:

• Investment Scams: Promising high returns on fake or fraudulent investments and using electronic communications to solicit funds from investors.
• Business Email Compromise: Hackers gain access to a company’s email system and impersonate executives, instructing employees to make unauthorized wire transfers or payments.
• Phishing Scams: Sending fraudulent emails or messages that appear to be from legitimate businesses to trick recipients into sharing sensitive personal information, such as bank account numbers or credit card details.
• Online Auction Fraud: Advertising fake or non-existent goods for sale on online auction sites, collecting payment, and then failing to deliver the goods.
• Healthcare Fraud: Using electronic billing systems to submit fraudulent claims to defraud health insurance companies or government healthcare programs.

Wire fraud schemes can vary widely, but in each case, the use of electronic communications to carry out the fraud is central to the charges.

Potential Penalties for Wire Fraud

Federal penalties for wire fraud are severe and can include long prison sentences, large fines, and restitution orders to compensate victims for financial losses. The potential penalties for wire fraud include:

• Imprisonment: A conviction for wire fraud can result in up to 20 years in federal prison for each count. If the fraud involves a financial institution or is related to a national emergency or disaster relief, the sentence can increase to 30 years.
• Fines: Individuals convicted of wire fraud can face fines of up to $250,000, and businesses or organizations involved in fraudulent schemes may face even higher fines.
• Restitution: Courts may order restitution to repay the victims for the financial harm they suffered as a result of the fraud.

In addition to the immediate penalties, those convicted of wire fraud may face long-term consequences, such as damage to their professional reputation, the loss of professional licenses, and difficulty finding future employment.

Defenses to Wire Fraud Charges

Being charged with wire fraud does not automatically result in a conviction. There are several defense strategies that can be employed depending on the specifics of the case. Some potential defenses include:

1. Lack of Intent: Since wire fraud is a specific intent crime, the prosecution must prove that the defendant acted intentionally and with the purpose of defrauding others. If the defendant can demonstrate that there was no intent to defraud, the charges may be dismissed.
2. Good Faith: If the defendant believed in good faith that their actions were legal or legitimate, this may serve as a defense to the charges. The absence of intent to deceive can negate a wire fraud charge.
3. Insufficient Evidence: Wire fraud cases often rely on electronic evidence, and if the prosecution’s evidence is weak, circumstantial, or lacking, the defense can challenge its admissibility and credibility.
4. Mistaken Identity: In cases involving complex electronic communications, it may be possible that the wrong individual was accused of participating in the fraud.
5. Coercion: If the defendant was forced or pressured into participating in the fraudulent scheme, this may serve as a defense to the charges.

Each wire fraud case is unique, and the defense strategy will depend on the specifics of the allegations. Josh Tomsheck and the team at Hofland & Tomsheck will conduct a thorough review of the evidence and work to develop the strongest possible defense.

Why Choose Josh Tomsheck and Hofland & Tomsheck?

Defending against federal wire fraud charges requires in-depth knowledge of federal law and extensive trial experience. Josh Tomsheck is a nationally board-certified criminal defense attorney with a reputation for successfully defending clients against serious federal charges. His expertise in federal statutes and his strategic approach to litigation give him a significant advantage in the courtroom.

At Hofland & Tomsheck, we provide client-centered representation. We understand the stress and uncertainty that come with being charged with a federal crime, and we are committed to guiding you through every step of the legal process. Our goal is to secure the best possible outcome for each of our clients.

Contact Us for a Free Consultation

If you are facing federal wire fraud charges, time is critical. The sooner you involve an experienced defense attorney, the better your chances of building a strong defense. Josh Tomsheck and the team at Hofland & Tomsheck are ready to help.

Call us at (702) 895-6760 or complete our online contact form to schedule a free consultation. We will review your case, explain your legal options, and begin crafting a defense strategy tailored to your unique situation.