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NYC Wire Fraud Defense Attorney

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Facing wire fraud charges can be frightening. Uncertainty about what could happen next can add stress to an already difficult scenario. But you’re not alone in this fight.

At The Law Offices of Mehdi Essmidi P.L.L.C., we understand what you’re going through. Our lead attorney, former New York City Prosecutor Mehdi Essmidi, aggressively anticipates and counters strategies that might be used against you. Contact us today for a free consultation.

Understanding Wire Fraud Charges

Wire fraud involves using wire communications facilities to carry out a scheme to defraud. This includes phone calls, emails, mail, or internet transactions. To be convicted of wire fraud, the prosecution must prove beyond a reasonable doubt that someone knowingly participated in a scheme to defraud people of money or property.

It’s important to note that it’s possible to be charged with wire fraud even if the scheme was unsuccessful. Attempting to defraud someone using electronic communication is enough to be charged or even convicted of wire fraud.

Wire fraud is considered a white-collar crime because it’s nonviolent, involves financial wrongdoing, and often violates state and federal statutes.

Wire Fraud 18 U.S.C. § 1343

The federal wire fraud statute determines that anyone devising schemes to defraud or extort money or property by fraudulent pretenses, representations, or promises should be fined or imprisoned for under 20 years or both. This statute encompasses various activities, and each act of wire fraud can be considered a separate offense.

Federal prosecutors favor wire fraud charges due to their wide applicability across various forms of communication technology. A wire fraud case can serve as the basis for prosecuting additional federal crimes such as securities fraud, racketeering, and money laundering.

Examples of Wire Fraud

Wire fraud can happen in many forms, each characterized by the intent to deceive and unlawfully obtain assets. Some common examples include:

Phishing Scams: These involve sending emails that appear to be from reputable sources to trick individuals into revealing personal information, such as passwords and credit card numbers.

Business Email Compromise (BEC): This scam involves hacking or spoofing company email accounts to direct unauthorized wire transfers.

Employment Scams: These scams involve promising victims job opportunities or the ability to work from home for high pay. The catch often involves the victim wiring money for a “start-up kit” or similar materials that are never received.

Lottery Scams: Victims are told they’ve won a large sum of money but must pay a fee or taxes upfront via wire transfer to claim their prize.

Telemarketing Scams: These involve unsolicited calls from individuals pretending to represent charities, businesses, or even government agencies. The scammers trick individuals into providing personal information or making payments over the phone.

Romance Scams: Perpetrators of these scams create fake profiles on dating websites to establish romantic relationships with unsuspecting victims, eventually convincing them to wire money to help with a fabricated financial crisis.

Consequences of a Wire Fraud Conviction

The penalties outlined in 18 U.S.C. § 1343 for a wire fraud conviction can result in a maximum fine of $250,000 and federal imprisonment of up to 20 years for individuals. For organizations, the fines can be up to $500,000 per count.

If the wire fraud targets a financial institution or is connected to a declared disaster or emergency, the potential prison sentence can increase to 30 years, and the fines can be increased to $1 million per count.

Courts often order those convicted of wire fraud to pay restitution to the victims, and assets obtained through wire fraud can be subject to forfeiture.

Charges Related to Wire Fraud

Fraud often doesn’t stand alone as a charge. It’s frequently followed by other charges that can increase the severity of the penalties. Below are some common charges often brought in conjunction with wire fraud.

Identity Theft (NY Penal Law § 190.79)

Identity theft is a common charge associated with wire fraud. This crime involves using someone else’s name, credit card, or Social Security number without permission to commit fraud or other crimes.

This can include opening new accounts, making purchases, or filing tax returns in someone else’s name. It’s an offense that frequently intersects with wire fraud cases, especially when the accused allegedly used electronic means to obtain or use another person’s identity.

Grand Larceny (NY Penal Law § 155.40)

Grand larceny is a form of theft often linked to wire fraud. It involves taking someone else’s property with the intent to deprive them of it permanently. In the context of wire fraud, this could include stealing money or property through fraudulent electronic transactions.

For instance, creating deceptive emails or websites that trick others into sharing personal or financial information is used to steal money directly from their accounts. New York State has various theft charges, and the implications can be severe when combined with wire fraud.

Impersonation Fraud (NY Penal Law § 190.25)

Impersonation fraud involves pretending to be someone else, often a trustworthy person or organization, to trick victims into giving up sensitive information or money. In connection to wire fraud, this can involve creating fake emails or websites that look like they belong to legitimate organizations, such as banks or government agencies.

Once this information is obtained, fraudsters can initiate wire transfers, redirecting funds from the victim’s accounts to their own. The sophisticated nature of these scams and the irreversible transfer of funds via wire transactions lead to severe penalties upon conviction.

Unauthorized Use of a Computer (NY Penal Law § 156.05)

Unauthorized use of computer charges involves accessing someone else’s computer or network without their permission, often to obtain sensitive information or to carry out fraudulent activities.

When linked with wire fraud, unauthorized computer use encompasses illicit access to systems to run fraudulent transactions or acquire sensitive information. For example, hackers could hack into a financial institution’s network to manipulate account balances or initiate unauthorized wire transfers.

The legal implications of combining unauthorized computer use with wire fraud reflect the breach of digital privacy and the theft of assets through fraud. Convictions can lead to additional fines and prison time.

Computer Trespass (NY Penal Law § 156.10)

Computer trespass involves knowingly accessing a computer or network without permission and using it to commit or attempt to commit a felony. This charge is often associated with wire fraud, especially when the accused allegedly used unauthorized access to carry out fraudulent activities.

This could involve hacking into a person’s email account to send fraudulent messages, accessing a company’s network to manipulate financial records, or breaking into a system to initiate unauthorized wire transfers. The penalties for computer trespass can be severe, particularly when it’s part of a larger scheme involving wire fraud.

Common Wire Fraud Defenses

Although facing wire fraud charges can be overwhelming, it’s important to remember that being charged is not the same as being convicted. Several defenses can be used to challenge wire fraud charges, and an experienced attorney can help you determine which ones might apply to your case.

Lack of Intent

One key element in a wire fraud case is intent. The prosecution must prove an intention to defraud someone. However, if you can show that you didn’t have the necessary intent, you could have a strong defense. For example, if you believed in good faith that the information you provided was accurate, this could undermine the prosecution’s claim that you intended to defraud anyone.

Insufficient Evidence

The prosecution must prove every element of wire fraud beyond a reasonable doubt. This includes proving that a scheme to defraud existed and that you participated in it knowingly and willingly. When evidence is weak or circumstantial, it may be possible to argue that the burden of proof wasn’t met.

Duress

Duress is a defense that may be applicable in cases where an individual commits a crime because they are under an immediate threat of harm or death. In the context of wire fraud, a defendant might argue that they were coerced into participating in the fraudulent scheme due to threats against themselves or their loved ones.

It must be demonstrated that the defendant had no reasonable escape from the threat except through compliance with the perpetrator’s demands. Some courts may not accept duress as a defense to certain charges, including wire fraud, especially if there were lawful alternatives to committing the crime.

Selecting the Right New York Wire Fraud Attorney

Choosing the right attorney can make all the difference for your case. Seek representation from experienced New York wire fraud attorneys as soon as possible after being charged. The best defense against wire fraud charges comes from selecting an attorney who:

  • Works in wire fraud cases in New York City
  • Has experience as a former prosecutor
  • Has a proven track record in criminal cases on both the state and federal level

Contact Us for a Free Consultation

If you’re facing mail or wire fraud charges in New York, you need a criminal defense attorney you can trust. Mehdi Essmi is a seasoned legal professional with years of successfully defending clients’ cases. Acting as soon as possible gives your attorney more time to work on your case and develop a tailored defense strategy.

At the Law Offices of Mehdi Essmidi P.L.L.C., we are committed to providing our clients with the aggressive and personalized representation they need. Contact us today for a free consultation.