While Texas has a fraud statute, it does not cover wire fraud. No state has a wire fraud statute – the crime is strictly under federal jurisdiction. Wire fraud crimes are investigated by the Federal Bureau of Investigation, sometimes with assistance from the Secret Service, and the charges that are brought against those suspected of wire fraud crimes are federal, not state charges. Federal charges tend to carry stiff penalties, and while federal prosecutors are not famous for going to trial, they have a widespread reputation for getting guilty pleas. If you face wire fraud charges, you are in serious trouble.
What is Wire Fraud?
Under federal law, wire fraud essentially is any crime that attempts to defraud someone using wire communications, such as telephones, email, the internet, or radio or television communication. Using telegrams also would qualify, but that does not come up much anymore. The elements of proof required in a wire fraud case are:
- Intent to defraud
- Using a scheme designed to defraud others out of money or property using material deception
- It was reasonably foreseeable that the scheme would use interstate wire or electronic communications to execute the scheme
- The defendant actually used interstate wire or other electronic communications in the execution of the scheme.
A wire fraud scheme necessarily includes using false representations or promises, deceptive pretenses, outright lies, or other fraudulent acts or statements that are intended to dupe someone out of money or property. The scheme could be as seemingly transparent as the “Nigerian prince” email, letting you know that a prince or some other person can give you millions if you provide banking account information to help them get money out of Nigeria or elsewhere – don’t laugh, people still fall for such emails – to running ads for a “charity” on television, radio, or the internet seeking donations for a charitable purpose when all donations actually go toward the personal benefit of the person placing the ads. Any electronic communication seeking to defraud someone of money is wire fraud.
Penalties for Wire Fraud are Severe
Wire fraud is a federal crime, and federal charges tend to carry some pretty serious penalties. Wire fraud is no exception. If you are convicted of wire fraud, you could face penalties including:
- A prison term of up to 20 years
- A fine of up to $250,000
If the scheme affects a financial institution or is related to a natural disaster, you could face 30 years in prison and a fine of up to $1 million. If you are part of an organization committing wire fraud, the prison term can be up to 20 years but the fine is upped to a maximum of $500,000.
If You are Facing Wire Fraud Charges, Contact Madrid Law Firm
If you have been charged with wire fraud, do not hesitate to contact an attorney. Federal charges are no joke, and a conviction on wire fraud charges could land you in federal prison for decades. You should consult a criminal defense attorney and see what options and defenses you have available to you. Contact the Madrid Law Firm and find out what can be done about your situation.
