Miami, FL Wire Fraud Attorney

Lawyer for State or Federal Wire Fraud Charges in Miami, Florida

When people are accused of using electronic communications to commit fraud, they may be charged with wire fraud. These serious white collar offenses may involve allegations that someone made false statements or misrepresentations through phone calls, emails, text messages, or internet transactions. Business disputes, failed investments, marketing practices, and commercial transactions that a party believed to be fraudulent can all result in criminal wire fraud charges. Convictions for federal crimes or state crimes can lead to decades of imprisonment and other penalties.

At Stroleny Law: Criminal Defense Attorney, we understand the complexity of wire fraud cases, the investigative methods used by federal agencies, and the defense strategies that may be used to challenge the government's claims. Our attorney knows how wire fraud laws may be applied broadly to include conduct that a person believed was legitimate business activity, and that the line between commercial practices and criminal fraud can be unclear. He works with forensic accountants, industry professionals, and other specialists to analyze transactions and present defenses against wire fraud charges.

Wire Fraud Under Federal and Florida Law

Wire fraud is often prosecuted under federal law, although state statutes in Florida also address the fraudulent use of communications. The federal wire fraud statute, 18 U.S.C. § 1343, addresses situations where people obtain money or property through false pretenses while using electronic communications. Charges may be based on information transmitted online, including through email or text messages, as well as phone, television, or radio communications.

The use of interstate communications is what gives federal courts jurisdiction over many wire fraud cases. Because modern electronic communications involve signals that cross state lines, the federal government has authority over criminal schemes using these communication methods. Phone calls may be routed through out-of-state switching stations, emails can travel through servers located in multiple states, and internet transactions will often involve interstate data transmission. Federal prosecutors may pursue wire fraud charges for conduct that would otherwise result in state-level charges.

Wire fraud charges can result in severe penalties. A conviction at the federal level may be punishable by up to 20 years in federal prison and fines of up to $250,000 for individuals or $500,000 for organizations. When wire fraud affects a financial institution, the maximum sentence increases to 30 years, and fines can reach $1,000,000. The Federal Sentencing Guidelines are used in these cases to determine sentences based on the amount of money or property that was allegedly obtained through fraud, the number of alleged victims, and other factors. Large-scale wire fraud schemes can result in decades of imprisonment.

Florida law addresses communications fraud in Florida Statutes § 817.034. While it is similar to the federal statutes, state laws do not require interstate communications. The charges in these cases may range from third-degree felonies in cases involving amounts less than $20,000 to first-degree felonies in cases involving amounts of $50,000 or more.

Examples of Wire Fraud Charges

Investment fraud schemes are one category of wire fraud cases. Prosecutors may charge people with wire fraud based on claims that they have made false statements about investment opportunities, misrepresented the risks of investments, failed to disclose information to investors, or operated Ponzi schemes. These cases may involve emails or phone calls to potential investors containing false information about how funds will be used, what returns can be expected, or the track record of investment managers. Securities fraud charges may also apply in these cases.

Business fraud may involve misrepresentations to customers, vendors, or business partners. When businesses make false claims about products or services through websites or email marketing, when they fail to deliver goods or services after receiving payment, or when they misrepresent the nature or quality of what they are selling, federal prosecutors may pursue wire fraud charges.

Telemarketing and phone-based sales schemes are another common reason for wire fraud prosecutions. Accusations of high-pressure sales tactics, false promises about products or services, failure to disclose information, and deceptive statements may lead to wire fraud charges when communications occur through phone or email.

Romance scams and other online fraud schemes have become increasingly common in recent years. People may be accused of creating false online personas to develop romantic relationships with victims and then requesting money under false pretenses. Cases may also involve accusations that a person has impersonated others to obtain funds or operated a fraudulent online business.

Critical Elements in Wire Fraud Cases

When charging a person with wire fraud, prosecutors must prove each element of an offense beyond a reasonable doubt. The scheme to defraud must be established through evidence showing that there was a plan or course of action designed to deceive. Prosecutors may present evidence of multiple misrepresentations, patterns of deceptive conduct, or concealment of facts. However, sales talk or exaggerations that reasonable people would not rely on may not constitute a scheme to defraud.

Prosecutors will also need to show that false statements involved facts that would influence reasonable people in making decisions. Minor inaccuracies or statements about peripheral matters may not support wire fraud charges. Our attorney can challenge these claims by demonstrating that the alleged misrepresentations would not have affected decisions by reasonable people, or he may show that alleged victims had access to accurate information through other sources.

Fraud charges also require intent, and proof will be needed to show that a person acted with the specific purpose of deceiving others to obtain money or property. Good faith belief in the truth of statements or honest mistakes do not constitute fraud. Prosecutors may rely on circumstantial evidence to show a person's intent. Our lawyer can challenge these claims by presenting evidence that a person believed their statements were true and that they disclosed relevant information.

Contact Our Miami Wire Fraud Lawyer

If you are facing federal wire fraud charges, you could be looking at the possibility of a lengthy prison sentence and other serious collateral consequences. State-level charges can also be serious, and a conviction could affect you for years to come. You need a lawyer who understands the best strategies for defense against federal or state wire fraud charges. At Stroleny Law: Criminal Defense Attorney, we will fight to protect your rights while helping you avoid a conviction or reduce the penalties that you may face. Contact our Miami, FL wire fraud defense attorney at 305-615-1285 to schedule a free consultation today.