Federal Wire Fraud Crimes

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The Federal Wire Fraud Statute is one of the most used tools in federal prosecutions of white collar and business crimes. Together with the Mail Fraud Statute, it is the work horse of federal prosecutors in white collar criminal cases.

The statute, 18 U.S.C. § 1343 provides, "Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.''

The wire fraud statute is very similar to the mail fraud statute. Both are frequently used together in federal indictments. Elements of federal fraud and mail fraud crimes are identical. To convict, prosecution will have to show that the act was made in "furtherance" of or be ''closely related to'' the scheme to defraud. There is one substantial difference, however. To violate the statute, any mailing is sufficient, even within the same state. On the other hand, to violate the wire statute, the wire transmission needs to be between several states or countries.

To obtain conviction, the government must prove (1) the existence of a scheme to defraud, (2) use of wire communications in furtherance of the scheme, and (3) that the scheme was intended to deprive a victim of money or property."

The interpretation of the fraud statute is pretty liberal. The plan to defraud doesn't have to be specifically planned to obtain money or property. In fact, a charge of wire fraud can be found in a variety of circumstances. In one case, two debt collectors misrepresented themselves to the telephone company and post office in order to obtain confidential information regarding subscribers in violation of privacy laws. Both were convicted of wire fraud. In another case, a defendant opened a fake modeling" agency in order to meet and seduce young women, which landed him a wire fraud conviction. Also, the plan doesn't have to be successful to be in violate the fraud statute. Also, it doesn't matter if the defendant did not know that the victim on the other end of the telephone call was in another state.

"Wire communications" for the purposes of the fraud statute, may include computers, radio, television, telephone, telegraph and any other wire communication. In one case the issue was whether telephone calls transmitted by microwave signals are included in the statute. The defense believed that because the defendant's phone call was transmitted by microwave, it was not covered by the fraud statute. The court ruled otherwise.

In short, modern technological advances that may make it easier to perpetrate criminal fraud at the same time make it easier to prosecute them.

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Gwinnett County Criminal Defense Case - What to Do When You're Involved

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Although Gwinnett County is just a small town in Georgia, the size of an area doesn't affect in any way the excellence of its judicial system. If you find yourself involved for one reason or another in a lawsuit in Gwinnett County and you have a need to hire a criminal defense lawyer, don't let yourself underestimate the other party and simply assume that a small town court will immediately find you innocent.

It doesn't work that way.

Gwinnett County or Los Angeles, wherever your case is being tried, the process is always the same: the government - or the "good" side - will always do their best to force you to give up and confess. To protect yourself from succumbing to pressure, you need to hire an exceptional Gwinnett County criminal defense lawyer to handle your case.

How Do I Know I Need a Criminal Defense Lawyer?

The clerk at the Gwinnett County judicial court himself will mail you a written notice of your impending warrant. When this happens, you must prepare yourself physically, mentally and emotionally for a protracted battle. Ask your close friends or research online about possible criminal defense lawyers you may hire.

It's a Psychological Battle

Guns and knives are not the weapons used in court but wit. You will do best with a Gwinnett County criminal defense lawyer backing you up because he or she is already familiar of the "traditions" that must be observed in the court, the strengths and weaknesses of the prosecutor and what factors can sway the minds of the judge and the jury in your favor. In plain and simple terms, it's better to hire a lawyer who's already familiar with the courtroom techniques of the prosecuting side. He will be more able to anticipate the motives or ploys of the other party and make the necessary adjustments.

What Happens If I Can't Afford to Hire My Own Counsel?

In the previous paragraph, an assumption on your ability to hire your own legal counsel was made. If, however, that proves to be impossible, Gwinnett County criminal defense laws allow you to apply for a court appointed counsel. You must submit a written application and do sounder oath. Applications are available at the Magistrate court. It's best if you apply for a court appointed counsel prior to your hearing as failure to do so will cause hearings to be indefinitely postponed.

Don't Plead

When a person is unjustly accused of committing a crime, his first instinct may be either of the two: do as the movies show us and "remain silent until your lawyer arrives" or give a sincere but thorough explanation on why it's absolutely implausible that you should be accused of committing such a crime.

In this case, option A is the best course to take. In criminal cases, however unfair this may be, the prosecuting side has usually pre-judged you already. It is therefore to your disadvantage to lay all your cards on the table as they'll certainly never give you the benefit of doing the same.

Trust Your Lawyer

At some point in your trial, you may feel like your lawyer is incapable of protecting you because it's taking him so long to get an acquittal. Don't give up! Trust your lawyer to do what's best for you. Unlike civilian cases, criminal lawsuits require lawyers to use highly sophisticated techniques in the court room and most of these techniques are a ploy to gain more time to come up with an ace.

The trust you have in your lawyer is crucial to the outcome of your case. If you can't display that trust, find another lawyer or the Gwinnett County Judicial System will find you guilty in a second.

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Federal Wire Fraud Crimes

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The Federal Wire Fraud Statute is one of the most used tools in federal prosecutions of white collar and business crimes. Together with the Mail Fraud Statute, it is the work horse of federal prosecutors in white collar criminal cases.

The statute, 18 U.S.C. § 1343 provides, "Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.''

The wire fraud statute is very similar to the mail fraud statute. Both are frequently used together in federal indictments. Elements of federal fraud and mail fraud crimes are identical. To convict, prosecution will have to show that the act was made in "furtherance" of or be ''closely related to'' the scheme to defraud. There is one substantial difference, however. To violate the statute, any mailing is sufficient, even within the same state. On the other hand, to violate the wire statute, the wire transmission needs to be between several states or countries.

To obtain conviction, the government must prove (1) the existence of a scheme to defraud, (2) use of wire communications in furtherance of the scheme, and (3) that the scheme was intended to deprive a victim of money or property."

The interpretation of the fraud statute is pretty liberal. The plan to defraud doesn't have to be specifically planned to obtain money or property. In fact, a charge of wire fraud can be found in a variety of circumstances. In one case, two debt collectors misrepresented themselves to the telephone company and post office in order to obtain confidential information regarding subscribers in violation of privacy laws. Both were convicted of wire fraud. In another case, a defendant opened a fake modeling" agency in order to meet and seduce young women, which landed him a wire fraud conviction. Also, the plan doesn't have to be successful to be in violate the fraud statute. Also, it doesn't matter if the defendant did not know that the victim on the other end of the telephone call was in another state.

"Wire communications" for the purposes of the fraud statute, may include computers, radio, television, telephone, telegraph and any other wire communication. In one case the issue was whether telephone calls transmitted by microwave signals are included in the statute. The defense believed that because the defendant's phone call was transmitted by microwave, it was not covered by the fraud statute. The court ruled otherwise.

In short, modern technological advances that may make it easier to perpetrate criminal fraud at the same time make it easier to prosecute them.

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The Many Benefits Of Being A Lawyer

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People of a certain generation tended to view the profession of law with a certain degree of awe and respect. Take the example of my father who was an avid fan of Perry Mason; he was fascinated by the idea that his daughter could one day become a lawyer one and unmask the criminals in the court of law. What is it about being a lawyer that attracts the best and the brightest talent?

The Legal Profession Pushes You To Your Full Potential

A common misperception towards lawyers in general, not just in the USA but also all over the world, is that younger lawyers are usually not to be trusted with complicated cases. We often tend to gravitate towards older lawyers because we see them as more experienced. People will typically start trusting a young lawyer as he starts earning some credibility from winning some cases. Thus a newbie in the legal profession may proceed a bit slow in the beginning of his career, but after a few success and wins, his career starts gathering momentum

Great Earning Potential

As a beginner in the world of law, you may need to work as an apprentice in a law firm for a few years, or you can also run your own private practice. Whatever may be the case, the remuneration you earn at this stage is not much.

But do not get discouraged; to emerge as a successful lawyer you need time to grasp the law and get to know the inner workings of the law to help you solve the most complicated of cases. Once you have gained more experience and earned a solid reputation for winning cases, you can charge a much higher fee. Working as a corporate lawyer also earns a decent salary starting out at approximately $125000 a year.

Earn Prestige As A Lawyer

You can enter into the government service as a lawyer in three levels: local, state and federal. Among these three, the federal lawyers naturally earn more money and prestige.

Contribute To Society By Bringing Criminals To Justice

As long as society exists, there are bound to be crimes and criminals. The good thing about practicing as a lawyer is that you will never be out of work. Your law degree will always help you find work, or you could always be your own boss. It is also a profession that allows you to enrich your professional as well as personal experiences. Above all, as a lawyer, you have the capability to contribute a great deal to society, and perform great social service by bringing offenders to justice and helping the innocent find justice.

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Federal Mail Fraud Charges

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This article provides very general cursory information of Federal Mail Fraud Statute, one of the most widely used in white collar criminal prosecutions. I've put it in an easy to read Q&A format. Federal criminal charges are an extremely serious matter for which qualified legal help must be sought immediately.

Question. What is federal mail fraud statutes?
Answer. Mail and Fraud charges are the most commonly tools federal prosecutors use in federal criminal white collar cases. The mail fraud statute involves (1) a ''scheme to defraud,'' and (2) a use of the mails ''for the purpose of executing'' the scheme.

The current statute, 18 U.S.C. § 1341 (2004) provides as follows: ''Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $ 1,000,000 or imprisoned not more than 30 years, or both.''

Question: What is "'Use'' of the Mails?
Answer: Each use of the federal mails constitutes a separate offense and each mailing is a separate count in the indictment."Mail'' includes Federal Express and other commercial carriers. While each mailing constitutes a separate offense, the government is permitted to base a single count on any number of mailings. To be in violation of this statutes, it is enough to mail anything or ''knowingly cause'' anything to be mailed. There is a five-year statute of limitation, so if the mailing occurred more than five years earlier, no violation of the mail fraud statute may be charged even if the scheme continued to within the limitations period.

Question: What is "'In Furtherance of'' the Scheme?
Answer: Just because the defendant "used the mails" during a scheme to defraud is not enough to convict him of mail fraud. The mailing must be ''for the purpose of executing'' or ''in furtherance of '' the scheme to defraud. There must be logical connection between the scheme and the specific mailing. In other words, mailing should be part of the plot.

Question: What is Scheme to Defraud
Answer: To prove a violation of Section 1341, the government must prove that the defendant had the specific intent to defraud, not just to have participated in an scheme. The government must show the defendant's willful participation in a scheme with knowledge of the fraudulent nature and with the intent that the illicit objectives be achieved. The government will try to prove that the defendant was a knowing participant in the scheme to defraud. In some cases, it is not difficult to prove intent to defraud, especially where the defendant devised the scheme. In other cases the intent is less evident but the government still must prove that the defendant participated in the scheme with knowledge of the fraud.

Question: Should the Scheme to Defraud be Successful?
Answer: No. All the government needs to show is that defendant engaged in fraudulent activity intended to accomplish a deprivation of money or property, and used the mails in furtherance of the scheme. For example, In US v. Helmsley, the defendant was convicted of tax fraud and mail fraud based on the submission of false and fraudulent tax returns. The defendant argued that convictions could not stand because the government could not show that any taxes were actually due to the state. The Second Circuit court in New York held that ''the absence of proof of taxes due to New York state is immaterial because success of a scheme to defraud is not required.''

Question: May I use "Good Faith" Defense
Answer: Yes, if you can proving that the representations, although actually false, were made without an intent to defraud. It is more than an honest belief. Good faith is a complete defense while an honest belief is not by itself a defense but only one factor in the determination of good faith.

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Consumer Fraud Criminal Liability

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With consumer fraud on the rise, federal and local law enforcement agencies crack down increasingly on individuals and groups suspected of this crime. But what is consumer fraud to begin with? Generally, there is no universal definition of consumer fraud, which is usually prosecuted under federal mail or wire fraud statutes. The reason prosecutors love to use these statutes in fraud cases is because both apply to ''scheme to defraud''. Obviously there is an unlimited number of ways to defraud others, which will guarantee that criminal defense lawyers handling fraud and white collar crime cases will never be hungry.

Actually, the law is quite liberal to the requirements of proving a fraudulent scheme. The government doesn't have to show that defendant actually swindled or tricked anyone, only that he devised the plan with the capacity to defraud.

The mail fraud statute is a power tool in the arsenal of federal prosecutors because it makes it a crime to commit fraud by using mails and it's hard to envision any sort of business activity without using mail. So, in an average scenario, if a person is engaged in fraud and uses mail to promote the plan, the activity is controlled by the mail fraud statute, even where the mailing is done within one state. Moreover, you don't even have to physically mail anything so long you cause someone else to use mail to promote your fraudulent scheme. One example: you defraud Mr. X to buy something from you and Mr. X mails you payment.

Another power tool is the wire fraud statute that makes it a crime to wire information in furtherance of the scheme be an interstate or foreign communication. In a similar fashion, you don't have to personally wire anything so long the wire communication is from the victim of the fraud, or even a third party, and it is done in furtherance of the fraudulent scheme. In the past, the wire fraud statute was used against businesses engaged in a ''boiler room'' operation to solicit customers by phone from across the country as well as in cases involving false advertisement on radio and TV.

This said, mailing or interstate or foreign wire communication is not criminal unless it has some nexus to the scheme, and is either ''incident to an essential part of that scheme'' or in some way furthers the scheme.

A good question is when consumer fraud will become of interest to federal prosecutors. In most cases, where schemes involve only a few isolated incidents and losses to the victims are relatively minor, cases will end up state criminal courts. Other cases, where defendants acted on a larger scale against general public of numerous victims and where damages are substantial, will likely be investigated and prosecuted by federal authorities.

Corporations are often targets of consumer fraud investigations. A corporation is not a physical entity and it acts through its officers, employees, and agents and it may be responsible for their criminal acts if such acts are done within the scope of employment and with intent to benefit the corporation or further the corporate business. Does participation by a corporation in a scheme to defraud automatically make its officers criminally liable? No, however, to establish such liability, prosecutors will have to show that corporate officers consciously promoted the scheme.

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Orange County Defense Attorney Firm

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Orange county criminal defense lawyers play the dominant role in the market. Criminal lawyers play the essential role in the market and huge number of clients who are involved in the activity of criminal. The responsibility of criminal defense lawyers pertains to be higher. Orange county criminal defense attorney provides excellent services to the client for reasonable prices. Criminal defense lawyers are available in more numbers and they provide service with regards to proper guidance and profession. Orange county criminal attorney will handle all kinds of criminal cases of the state clients.

Criminal defense lawyers comes under different categories and they are categorized as Orange county DUI attorney, Orange county defense attorney, Orange county Burglary Attorney, Orange county DMV lawyer, Orange county Abuse attorney, Orange county dui attorney, Orange county Felony attorney, Orange county Drug lawyer and many other kinds of criminal lawyers are available in the market. Orange county criminal defense lawyers are licensed lawyers and they provide lawyer service. Each defense lawyers follows some of their procedures and finally makes the people to be relived of the crime. Criminal lawyers defend the criminals for reasonable and affordable price consideration.

Orange county criminal lawyer are available in all over the states and they all provide the excellent services either individually or group. Criminal defense lawyers team helps to defend the clients who are arrested has criminal under court of law. The arguments and proceedings of the criminal defense lawyer will be different from individual to another. With regards to various statute and laws of the state and federal government, criminal defense lawyer will handle the case differently. Generally, orange county defense lawyer should have obtained license in the state to perform the function of defense lawyer.

As per the responsibility, the orange county defense attorney will perform the service as per arrestment of the client for the criminal activity. When the client has been arrested for any accuse, then the client will be defined under category wise. In Orange County there are huge number of defense lawyers available and each attorney compete with each other. Defense lawyers are the person who represents themselves for the criminals or accuse and they works legally and lawfully for the clients of different states. Generally, defense lawyer satisfies the requirement of the client and enables the client to come out from the site.

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