Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: April 9, 2023
The Firm
201-896-4100 info@sh-law.comWhat is Wire Fraud? Wire fraud is a federal crime that occurs when a person intentionally uses an interstate communications system to defraud someone else out of property, money or anything else of value. To be guilty of this crime, it must be proven that the individual both acted with a deliberate plan to defraud and also that they employed a device or method of interstate communication to carry out the plan.
Interstate communication is simply communication that involves sending information from one state to another. Interstate communication devices are those that are used to send information from one state to another, such as phones, emails, and other forms of wire transmission.
Topic | Details | Implications/Consequences |
---|---|---|
Definition of Wire Fraud | A federal crime where a person intentionally uses interstate communication to defraud someone out of property, money, etc. | Requires proof of deliberate fraud and use of interstate communication. Victim doesn’t need to lose property for crime to occur. |
Classification as a Federal Crime | Wire fraud is federal if it crosses state/international borders or affects interstate/international commerce. | Federal charges are filed where the fraud began or had the most impact, potentially affecting multiple states/countries. |
Penalty for Individuals | Conviction leads to up to 20 years in prison and a fine of up to $250,000 per count. | Harsher punishments due to federal implications. Special implications increase severity: e.g., affecting a financial institution can lead to $1 million fine and up to 30 years in prison. |
Penalty for Corporations | If a representative defrauds using electronic communication, the corporation can be charged. | Penalties: fines, restitution, imprisonment for involved individuals, asset forfeiture, business dissolution, limitations, potential civil liability. |
Determinants of Actual Sentence | Federal judges consider U.S. Sentencing Commission guidelines. Victims have a say during sentencing. | Penalties can vary significantly, from no jail time to multiple years in prison. Legal counsel, especially with SEC regulation expertise, is crucial. |
Legal Representation | Scarinci Hollenbeck, LLC offers federal criminal defense attorneys. | They guide clients through the federal case complexities, protecting their rights and aiming for the best outcome. |
Wire fraud is deemed a federal crime if involves transmitting data or information across state or international borders or if it affected interstate or international commerce in any way. Consequently, any single case of wire fraud can impact multiple states or countries. Federal charges for wire fraud can be brought against a defendant when it is determined that the fraud has crossed state lines or U.S. borders. These charges are usually filed in the jurisdiction where the fraud was initiated or where it has had the most serious impact.
Because of their far-reaching implications, generally speaking, federal charges come with greater punishments than those issued on a state level. This is because the federal government has the power to bring charges against a defendant who has committed crimes in various jurisdictions, and subsequently can enforce harsher punishments that more accurately reflect the gravity of the offense.
Under federal law, an individual who is convicted after a trial or who willingly pleads guilty to wire fraud can be sentenced to up to 20 years in prison and fined up to $250,000 for each count of wire fraud.
Wire fraud is considered an especially serious crime when it affects a financial institution or is connected to a presidentially declared disaster or emergency. In such cases, the U.S. Department of Justice often takes swift and decisive action to pursue charges of wire fraud, and if convicted, those charged could face significantly increased penalties. The “Reform, Recovery, and Enforcement Act” (FIRREA) permits a maximum fine of $1 million per violation and up to 30 years in prison for anyone who knowingly engages in fraudulent activity concerning a federally insured financial institution.
A corporation or company can be considered to have committed wire fraud if an employee or representative of the company has used electronic communications to defraud an individual or entity out of money or property.
The potential wire fraud penalties for a company or corporation can include fines, restitution, and prison time for any individuals responsible for these acts. Other penalties that can be imposed on the company include forfeiture of assets, dissolution of the business, and limitations on future business activities. The court can impose additional penalties as well, such as ordering the company to pay restitution to victims of fraud or requiring an internal compliance program to monitor future activities. In addition, companies can also face civil liability for wire fraud, meaning they could be sued by victims and ordered to pay damages in a civil court.
When determining the penalty for wire fraud, it ultimately comes down to the judge. Federal judges have much less leeway than their state counterparts and must consider guidelines from the U.S. Sentencing Commission. If any victims were involved, they will also be able allowed to weigh in during the sentencing hearing.
The punishment for wire fraud can vary greatly, with some individuals receiving no jail time, even as others receive sentences of multiple years in prison. To help ensure the best outcome possible, it is advisable to consult a lawyer with experience in SEC regulations. This will guarantee that any legal advice received will, help you make informed decisions concerning your case.
At Scarinci Hollenbeck, LLC, we have experienced federal criminal defense attorneys who are dedicated to protecting your legal rights and achieving the best possible outcome. We can guide you through the criminal justice process and help you navigate the complexities of a federal case. Get in touch with us today for the representation you need.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]
Author: Brittany P. Tarabour
Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]
Author: Christopher D. Warren
Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]
Author: Robert L. Baker, Jr.
Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]
Author: Brian D. Spector
Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]
Author: Dan Brecher
The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]
Author: Brian D. Spector
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!