Florida Wire Fraud Lawyer
Wire fraud is a very serious criminal offense that is classified as a felony, the most serious of crimes. Wire fraud occurs any time a person intentionally and voluntarily devises or participates in a scheme that is intended to defraud another person or company of their property or money. Wire fraud uses wire, television communication, radio, or telephone to commit the act.
Wire fraud is one of the most commonly pursued criminal charges of the federal government because so many schemes use one of these forms of communication. If you have been charged, it is essential that you speak to a Florida wire fraud lawyer that can help with your charges.
Elements of Wire Fraud
The elements required for the prosecution to prove wire fraud are the same as those required for mail fraud. The difference is that an interstate telephone call or electronic communication must be made for wire fraud charges to apply. To secure a conviction for wire fraud, the U.S. government must prove the following four elements beyond a reasonable doubt:
- You knowingly participated or devised a plan to defraud another person and gain access to their money or property using false representations, pretenses, or promises,
- The false representations, pretenses, or promises involved a material, or important, fact,
- You had the intention to defraud another person using misrepresentations, and
- You used wire, television, radio, or another form of interstate communication to commit the act
It is essential to defend against the arguments of the government, as a conviction will have very serious consequences.
Penalties Associated with Wire Fraud
Federal law recognizes many different categories of wire fraud depending on the circumstances. The different categories are as follows:
- General wire fraud involves any form of fraud that uses radio, television, or wire transmission that crosses state lines, or that occurs during foreign commerce without any aggravating factors,
- Fraud that occurs in connection to any disaster event outlined in Section 102 of the Disaster Relief and Emergency Assistance Act,
- Fraudulent acts that affect financial institutions specifically,
- Fraudulent acts pertaining to illegal telemarketing, particularly those that involve individuals over 65 years old
Under the general wire fraud statute, a judge may issue a prison sentence up to 20 years, as well as heavy fines. When aggravating factors are present, such as involving a financial institution in the fraudulent act or fraud in connection with a national emergency, the penalty can increase to up to 30 years in prison and a $1 million fine.
Call Our Wire Fraud Lawyer in Florida for a Consultation
If you have been charged with the offense of wire fraud, you need the help of an experienced Florida wire fraud lawyer immediately. At O’Mara Law Group, our skilled attorney knows the defenses available in wire fraud cases and will use them to give you the best chance of retaining your freedom. Call us today at 407-634-6604 or fill out our online form to schedule a consultation with our attorney and to learn more about the defenses that can help with your case.