Things that Must be Proven in a Wire Fraud Case

 Posted on July 16, 2018 in Fraud

Wire fraud is a commonly charged federal crime. Because of the way the law is written, it can encompass a wide range of illegal acts. Wire fraud is the act of using a device that sends information interstate in an attempt to defraud. Typically, a cell phone, telephone or computer is used.

As you can see, many different scenarios could be considered wire fraud so long as there was communication to defraud that took place over state lines. Wire fraud is related to mail fraud, which involves fraud by using the mail system.

Even though wire fraud can encompass a number of situations, the law is clear on what needs to be proven in order for the U.S. government to get a conviction. Failure to prove all the elements means you will not get convicted or that your conviction will be reversed on appeal. Thus, it is crucial to understand what needs to be proven.

The four elements of a wire fraud case are:

1. The accused voluntarily created or participated in a plan to defraud a person or entity out of money or a valuable;
2. The accused perpetrated the plan intending to defraud the person or entity;
3. The accused used interstate wire communications to effectuate the fraud; and
4. The accused should have known that interstate wire communications would be used.

By closely looking at the elements of a wire fraud case, you can formulate a defense. For example, the government must prove that you intended to defraud. This element requires clear and typically substantial evidence.

Intent is an element that cannot be proven in many cases. Even if there is some evidence as to the element, a defense attorney may be able to expose weaknesses so that a jury could not say that an accused intended to defraud beyond a reasonable doubt.

If you are convicted of wire fraud you could face fines of up to $250,000 for fraud on an individual and $500,000 for fraud on entities as well as imprisonment of up to 20 years.

Contact a Chicago, IL Wire Fraud Criminal Attorney

You have to live with the consequences of your federal case for the rest of your life. That is why you should hire an experienced attorney who can advise you as you make important decisions regarding your case. A federal criminal attorney will also know the best way to present your case to a judge and jury. Meet our firm’s skilled Chicago, IL wire fraud lawyer by calling 312-629-0669 today.

Source:

https://www.justice.gov/usam/criminal-resource-manual-941-18-usc-1343-elements-wire-fraud