Can You Go to Prison for Wire Fraud in California?
Can You Go to Prison for Wire Fraud in California? What You Need to Know Before It’s Too Late
Wire fraud is one of the most frequently prosecuted white collar crimes in federal court. If you’ve been accused of wire fraud — or even just contacted by a federal agent — you might be wondering: Can I go to prison for this?
The answer is yes. Wire fraud is a felony under federal law, and a conviction can result in serious prison time — even if no money was ever successfully obtained.
At The Law Offices of Arash Hashemi, we represent professionals, business owners, and first-time defendants facing high-stakes federal investigations and criminal charges in Los Angeles. With more than 20 years of experience defending clients in federal court, we know how to fight back against wire fraud allegations — and how to intervene early to avoid the most serious consequences.
What Is Wire Fraud?
Wire fraud is defined under 18 U.S. Code § 1343, and it applies to any scheme intended to defraud someone of money or property using electronic communications. That includes phone calls, emails, text messages, internet platforms, and even wire transfers.
To convict you of wire fraud, federal prosecutors must prove that:
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You intentionally devised or participated in a scheme to defraud;
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You acted with the intent to deceive or cheat someone;
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You used interstate wire communications to further the scheme (email, text, call, etc.);
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It was reasonably foreseeable that your actions would involve wire communications.
Importantly, you don’t have to actually receive money or succeed in the scheme — just the attempt and use of wires is enough to be charged. Although wire fraud is primarily a federal offense, California residents may also face overlapping state fraud charges depending on the conduct.
Is Wire Fraud a Federal or State Crime?
Wire fraud is a federal crime prosecuted under 18 U.S. Code § 1343, which means cases are usually handled by U.S. Attorneys in federal court. However, depending on the facts, you may also face related state charges in California, such as grand theft (Penal Code 487 PC) or forgery (Penal Code 470 PC). These can be filed in addition to or alongside the federal case, especially if the conduct crosses jurisdictions.
Examples of Wire Fraud
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Sending fake invoices or forged wire instructions via email
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Misrepresenting investment opportunities in online communications
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Using fake identities or impersonations in business deals1““““““`
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Filing false claims for unemployment or COVID-19 relief funds (EDD or PPP fraud)
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Phishing scams, Ponzi schemes, or online marketing fraud
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Fraudulent loan applications or mortgage schemes
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Telemarketing scams (common among elder fraud cases)
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Business email compromise (BEC) scams
Because wire fraud is so broad, prosecutors often use it to pursue a wide range of white collar crimes — especially when a specific statute doesn’t cover the conduct directly.
What Are the Penalties for Wire Fraud?
Even a first offense can carry lengthy prison time and steep financial penalties—especially if the alleged fraud involved banks, government benefits, or multiple victims.
Standard Penalties for Federal Wire Fraud
If you are convicted of wire fraud in federal court, you may face:
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Up to 20 years in federal prison
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Fines up to $250,000 for individuals (or $500,000 for organizations)
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Restitution to repay alleged victims for any financial losses
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Supervised release following prison (similar to probation)
You can be sentenced under these guidelines even if no money changed hands—because the crime focuses on the scheme and intent to defraud, not just the outcome.
Enhanced Penalties for Bank-Related or Government Fraud
If the wire fraud involved a financial institution (such as a bank, mortgage lender, or credit union) or a federal benefits program (like PPP loans or EDD unemployment funds), the penalties are significantly more severe:
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Up to 30 years in prison
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Fines up to $1 million
These enhancements are commonly applied in white collar cases tied to COVID-19 relief fraud, tax refund scams, or fraudulent loan applications.
Sentencing Factors That Can Make Things Worse
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The total amount of loss involved in the scheme
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Whether you targeted elderly or vulnerable individuals
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Whether the scheme involved multiple victims
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Use of sophisticated means, fake identities, or foreign accounts
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Any prior criminal history, especially for fraud-related offenses
Wire fraud is also subject to the Federal Sentencing Guidelines, which assign a “score” based on these factors to determine your potential sentence. That’s why early legal strategy matters—it can shape how your case is charged, negotiated, or resolved before sentencing ever occurs.
Can You Avoid Prison for Wire Fraud?
In some cases, yes. Depending on the facts of your case, you may be able to avoid prison through early negotiation, restitution, or cooperation with federal authorities. This is why hiring an experienced federal criminal defense attorney early is so important. Early involvement by your attorney can also influence whether the U.S. Attorney’s Office files charges at all.
Strategies that may help avoid or reduce prison time include:
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Challenging the intent to defraud – Prosecutors must prove you acted knowingly and willfully.
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Demonstrating lack of involvement – You may have been unwittingly caught up in someone else’s scheme.
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Negotiating a favorable plea deal – First-time offenders may be able to avoid incarceration.
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Pre-trial diversion or deferred prosecution – In limited cases, charges may be dismissed after program completion.
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Proving that the evidence was obtained illegally – If your rights were violated, key evidence can be suppressed.
How a White Collar Criminal Attorney Can Help
Wire fraud charges are extremely document-heavy and often involve months or years of investigation. Federal prosecutors don’t bring charges unless they believe they have a strong case. White collar investigations can be stressful, invasive, and deeply damaging to your career or business if not handled correctly. That’s why your defense needs to be even stronger.
Attorney Hashemi has represented clients facing federal charges for more than 20 years, including high-profile wire fraud, PPP loan fraud, EDD fraud, and business-related investigations in Los Angeles. Whether you’re under investigation or already charged, we will:
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Analyze the government’s evidence
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Protect you during interviews or agent contact
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Explore every possible resolution before trial
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Challenge weak or circumstantial evidence
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Help you make informed, strategic decisions from start to finish
Accused of Wire Fraud in California? Talk to a Los Angeles Criminal Attorney Today
If you’re under investigation for wire fraud—or have already been charged—the most important step you can take is contacting a defense attorney as early as possible. These cases are prosecuted aggressively in federal court, and early intervention can make a critical difference in the outcome.
Attorney Hashemi is a Los Angeles criminal attorney with over 20 years of experience representing clients in high-stakes criminal cases, including wire fraud, PPP fraud, and complex white collar investigations. He understands how federal prosecutors build their cases—and how to challenge them at every stage. Protect your freedom, your reputation, and your future.
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