Federal Wire Fraud Defense Attorney in Los Angeles

Wire fraud is prosecuted under 18 U.S.C. § 1343 and involves using electronic communications like emails, phone calls, or financial transactions to carry out fraudulent schemes. Common examples include online scams, phishing operations, and telemarketing fraud, all of which rely on interstate communication systems. A conviction for wire fraud carries severe penalties, including federal prison time, significant fines, and a criminal record that can impact your personal and professional life for years to come.

Black and white image of a handcuffed person holding bundles of US dollars.If you are facing wire fraud charges, it’s critical to have a knowledgeable attorney on your side who understands the complexities of federal cases. These charges often involve detailed electronic evidence and witness testimony, making it essential to have a strong legal strategy. An experienced Los Angeles wire fraud defense lawyer can analyze the evidence, identify weaknesses in the prosecution’s case, and work to reduce or dismiss the charges against you.

At The Law Offices of Arash Hashemi, we have over 20 years of experience representing clients in federal cases, including wire fraud. We thoroughly evaluate every aspect of the charges to build a tailored defense that protects your rights and your future. Contact our office at (310) 448-1529 to schedule a confidential consultation and discuss how we can build a strong defense for your case.

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    What Must Be Proven for a Federal Wire Fraud Conviction?

    To convict someone of wire fraud under 18 U.S.C. § 1343, the prosecution must establish that certain key elements were present in the defendant’s actions. Each of these elements must be proven beyond a reasonable doubt for a conviction to occur.

    1. Scheme to Defraud
      The prosecution must demonstrate that the defendant engaged in a deliberate scheme designed to defraud another party of money, property, or services. This scheme involves intentionally misleading another person through deceptive practices, such as making false statements or promises. The defendant’s actions must have been aimed at causing financial harm or gaining an unlawful advantage.
    2. Intent to Defraud
      It must be shown that the defendant had a specific intent to commit fraud. This means the defendant knowingly participated in the fraudulent scheme with the purpose of deceiving the victim. Merely being involved in the scheme is not enough; the prosecution must prove that the defendant acted with the deliberate intention of committing fraud.
    3. Use of Wire Communications
      A critical element of wire fraud is the use of interstate wire communications as part of the fraudulent scheme. This includes any method of communication that crosses state lines, such as phone calls, emails, or online transactions. The prosecution must prove that these communications were used to further the fraudulent scheme, even if the communication itself wasn’t central to the fraud. The use of wire communication connects the crime to federal jurisdiction, making it a federal offense.
    4. Material Misrepresentation or Omission
      The defendant must have made a material misrepresentation or omission that was significant enough to influence the victim’s decision. This involves providing false or misleading information, or intentionally failing to disclose important facts, which were crucial to the victim’s understanding of the situation. The misrepresentation must be directly tied to the fraudulent intent and must have played a key role in convincing the victim to part with money, property, or services.
    5. Resulting in Loss or Risk of Loss
      Finally, the prosecution must establish that the fraudulent scheme resulted in financial loss or the risk of financial loss to the victim. This could involve actual monetary damage or the potential for such harm due to the defendant’s actions. Even if the scheme was not fully successful, the intent and actions that posed a risk of loss are sufficient for a conviction.

    What Are the Consequences of a Federal Wire Fraud Conviction?

    Federal wire fraud under 18 U.S.C. § 1343 is a serious offense with severe penalties. The consequences of a conviction depend on several factors, including the amount of money involved, the number of victims, and whether the crime targeted a financial institution.

    Standard Penalties: If you are convicted of federal wire fraud, the penalties are as follows:

    • Imprisonment: Up to 20 years in federal prison.
    • Fines: Up to $250,000 for individuals or $500,000 for organizations.

    Enhanced Penalties for Aggravating Factors: If the offense involved a financial institution or occurred in connection with a federal disaster, the consequences are more severe:

    • Imprisonment: A federal prison sentence of up to 30 years.
    • Fines: Significantly higher fines may be imposed based on the severity of the offense.

    Restitution: In addition to fines, you may be required to pay restitution to the victims. This involves reimbursing the victims for the financial losses they suffered due to the fraudulent scheme.

    Asset Forfeiture: The government may seize any property or assets obtained through the fraudulent activity. This could include money, real estate, vehicles, or other valuable assets linked to the fraud.

    Legal Defenses to Wire Fraud Charges

    Lack of Intent to Defraud: A key defense in wire fraud cases is demonstrating that you did not have the intent to defraud someone. The prosecution must prove that you knowingly and intentionally engaged in a scheme to deceive or defraud another party using wire communications. If you can show that there was no intent to commit fraud—perhaps your actions were the result of a misunderstanding, mistake, or legitimate business practices—this defense could be effective. The context of your actions is crucial in establishing the absence of fraudulent intent.

    Insufficient Evidence: For a conviction of wire fraud, the prosecution must present clear evidence that links your actions to the fraudulent scheme. If the evidence is weak, circumstantial, or does not directly connect you to the alleged crime, this defense can be used. For example, if there is a lack of documentation, communication records, or credible witness testimony, your defense attorney can argue that the prosecution has not met the burden of proof necessary for a conviction.

    Good Faith Belief: This defense asserts that you acted in good faith, believing that your actions were lawful and that the business or financial practices in question were legitimate. If you can demonstrate that you believed the information provided was accurate or that you were following legal guidelines, it can undermine the prosecution’s claim that you knowingly engaged in fraud.

    No Use of Wire Communications: Wire fraud charges require the use of wire communications, such as telephone, email, or internet, to further a fraudulent scheme. If it can be shown that the alleged fraud did not involve wire communications or that the communication in question was unrelated to any fraudulent activity, this defense can be effective in challenging the charge.

    False Accusation or Misidentification: In some cases, individuals may be falsely accused of wire fraud due to mistaken identity, malicious intent by another party, or being caught up in someone else’s fraudulent scheme without knowledge or involvement. The defense would focus on proving that you were not the person who engaged in the fraudulent activity, or that you were wrongly accused due to false or misleading information.

    How We Can Help You Fight Federal Wire Fraud Charges

    We begin by meticulously reviewing the charges against you, analyzing all evidence such as financial records, communications, and witness testimonies to identify any weaknesses in the prosecution’s case. We’ll explore the specifics of the alleged fraudulent scheme and evaluate potential defenses, ensuring that you fully understand the legal process and what to expect at each stage.

    Our defense strategy involves gathering and scrutinizing all relevant evidence to build a robust case on your behalf. We may find that the alleged actions do not meet the legal definition of wire fraud, or that the intent to defraud cannot be proven beyond a reasonable doubt. By highlighting these issues, we work to undermine the prosecution’s ability to prove their case. We also handle all necessary legal motions, whether it’s to challenge the admissibility of evidence, suppress unlawfully obtained evidence, or seek a reduction in charges. If there are procedural errors or flaws in the evidence, we’ll take action to have the charges reduced or dismissed.

    If your case goes to trial, we will represent you aggressively in court, cross-examining witnesses and challenging the prosecution’s evidence. Our goal is to demonstrate that the evidence is insufficient to support a conviction, working to create reasonable doubt and protect your rights throughout the legal process.

    Contact a Los Angeles Wire Fraud Defense Lawyer

    If you’re facing wire fraud charges, the stakes are high. Wire fraud is a serious federal offense, often involving complex financial schemes and electronic communications that cross state lines. A conviction can lead to severe penalties, including significant prison time, hefty fines, and a permanent criminal record that can damage your professional life.

    At The Law Offices of Arash Hashemi, we have over 20 years of experience defending clients against federal charges, including wire fraud. We know how federal investigators and prosecutors build their cases and will work aggressively to challenge the evidence against you. Whether your case involves allegations of fraudulent schemes, online transactions, or financial misrepresentations, our team will provide a strategic defense aimed at protecting your rights and your future.

    Don’t leave your defense to chance. Call us today or schedule a consultation using our secure online system to discuss your case. We’ll review the specific details of your wire fraud charges, explain your defense options, and outline how we can fight to achieve the best possible outcome.

    Schedule Your Consultation Today

    Arash Hashemi, a skilled Los Angeles criminal defense attorney, providing expert legal representation for clients in California.