If you or a loved one is accused of wire fraud, it is important to immediately seek representation from a federal wire fraud defense attorney. They can help you understand your charges, mount a defense, and mitigate any possible sentence.
Wire fraud is a federal crime that can be punishable by up to 20 years in prison. It is especially serious if the fraud involves federal disaster relief funds or a financial institution.
Lack of Specific Intent
A federal wire fraud conviction can result in up to 20 years of prison time. The maximum penalties are also increased if the fraud involves federal disaster relief funds or a financial institution.
The prosecution must prove that the defendant intended to defraud in order to get a conviction. This is a high burden of proof and one that may be difficult to meet.
This is why a knowledgeable federal wire fraud defense attorney can seek to challenge this element. They can argue that you did not intend to defraud and therefore, you cannot be convicted.
They can also try to establish that you lacked knowledge of the false statement at issue and that you did not knowingly use it. They can even argue that you made the false statements with good faith.
A good-faith exception is a common defense to mail and wire fraud charges. It requires that the representations at issue are made with a good-faith belief that they are true.
Mistake of Fact
In certain types of crimes, a defendant may be able to prove that they did not have criminal intent due to a mistaken belief regarding the facts. This type of defense is known as ignorance of factual circumstances or mistake of fact.
Mistake of fact is sometimes used to lower a charge from a more serious offense to a less serious one. For example, if you shot and killed someone but you believed the gun was unloaded, you can get your charges lowered to manslaughter rather than murder.
However, mistakes of fact can only negate a mental state that’s an element of the crime if the mistake is honest and reasonable. It also must be proven that the mistaken belief isn’t a mere misreading of the law.
Lack of Purpose
Defending wire fraud charges requires a specialized skill set. A skilled lawyer can help you navigate the maze of federal courts and statutes to get a fair and just sentence.
A knowledgeable and experienced attorney will take the time to learn your background and advise you about the potential sentencing options before offering any unsolicited legal advice. They will then choose only the strongest evidence in order to win your case and minimize your risk of a bad outcome.
A good wire fraud defense should also include a well thought out plan for how to use your newfound knowledge of the law to your benefit. This could include seeking an early plea deal that minimizes the impact of your conviction on your future. The best way to do this is to speak with a federal wire fraud lawyer as soon as possible. With the right representation you may not even have to face a jury trial.
Lack of Knowledge
One reason that federal wire fraud defense attorneys may not be effective is their lack of knowledge about the underlying issues and behaviors that are often involved in these types of cases. This can be a significant difference between prevailing and settling a case.
When an entrepreneur faces federal wire fraud charges, they should immediately hire a skilled attorney who understands government contract law and the issues that can arise from it. This can be especially important if the investigation involves SBA small business contract violations, Buy American Act compliance violations and pass-through fraud schemes.
Defendants who are accused of wire fraud must show that they intended to defraud someone else, and that they did so by using communication over the telephone, radio, Internet or other forms of electronic transmission. This can be difficult to prove, and it is always in a defendant’s best interest to consult with an experienced Los Angeles federal wire fraud defense attorney.