Miami Wire Fraud Lawyers

Wire fraud charges place defendants at risk of heavy fines and the possibility of long prison sentences. The nature of the charges mean that both the state of Florida and the federal government can become involved with prosecution. It’s important to have a lawyer who is experienced in both court systems and has the capacity to grasp cases that can involve a myriad of transactions and a number of possible defense strategies.

Call (305) 330-3905 or contact us online to set up a free consultation.

What Is Wire Fraud?

Wire fraud is defined very simply as any attempt to illegally get money or property through the use of wire communications. Since wire communications cover email, text messages, and phone calls, this means most any financial fraud that involves any of these means of communication could be considered wire fraud.

The broad definition of wire fraud has serious implications for defendants. It means that the communication itself can be a crime, in addition to another crime. All it takes is multiple defendants texting, emailing, or calling to discuss the plans for a crime that is aimed at defrauding someone out of money or property. They will be subject to charges for the crime that was committed, along with wire fraud.

The Penalties for Wire Fraud in Florida

Penalties for wire fraud can include a 30-year prison term and a $1 million fine. A key determining factor of the sentence will be the financial value of the crime that was committed. On one extreme is amounts of $300 or less, which can be misdemeanor offenses. The other end of the spectrum is a financial crime of $50,000 or higher, which can be charged as a felony in the first degree.

Another determinative factor in the potential sentence is aggravating circumstances of the crime. These circumstances can include financial fraud that was tied to natural disaster relief, fraud that specifically affect financial institutions (banks, credit unions, etc.), and illegal telemarketing schemes the target the elderly population.

The charges are serious, but there are a number of viable defense strategies available. With over 30 years of experience and more than a thousand cases under our belt, the Law Offices of Paul D. Petruzzi P.A. knows what it takes to make smart decisions on how to approach defense, and we fight hard for all our clients. 

Call (305) 330-3905 or contact us online to set up a free consultation.

Defenses Against Wire Fraud

To best understand the strategies available to a defense lawyer, it’s important to understand the government’s obligation. 

The prosecution must demonstrate four key points to the jury:

• The defendant was a knowing participant in the illegal scheme
• The fraudulent statements or pretenses made were about a material fact
• The defendant acted with the intent to defraud the alleged victim
• The defendant used wire communications to carry out the alleged crime

Complex schemes of fraud often involve a number of people, not all of whom are aware of what they are participating in. The government will have the obligation to demonstrate not just that the defendant participated in the scheme, but that they did so knowingly.

Furthermore, it will have to be shown that any acts of fraud were about something that is “material” to the case. Courts understand materiality to be whether it was about something that would have influenced a reasonable person to act or not act. Even if willing fraud can be proven, the defense can explore the possibility that it was not about something that is material to the overall case being prosecuted.