Per count.

Every email sent in furtherance of the scheme can be charged as a seperate count. Every text message. Every phone call. A BEC investigation that involves 50 communications? Theoretical exposure of 1,000 years. Prosecutors don't actually seek those sentences, but the charge stacking gives them enormous leverage in plea negotiations.

What looks like one bad wire transfer becomes a federal indictment with multiple counts spanning several statutes:

1. Wire Fraud (18 U.S.C. § 1343) - 20 years per count; 30 years if it affects a financial institution
2. Bank Fraud (18 U.S.C. § 1344) - 30 years
3. Money Laundering (18 U.S.C. § 1956) - 20 years
4. Conspiracy (18 U.S.C. § 371) - 5 years
5. Aggravated Identity Theft (18 U.S.C. § 1028A) - mandatory additional 2 years consecutive

Evaldas Rimasauskas orchestrated a BEC scheme that stole over $120 million from Facebook and Google. He was eventually extradited from Lithuania and prosecuted in the Southern District of New York. His sentence? Five years. American money mules moving a fraction of that amount face similar or longer sentences - because they're already here, already within reach, already easy to prosecute.

The federal sentencing guidelines make loss amount the primary driver. Base offense level starts at 7. Losses between $6,500 and $15,000 add 2 levels. Losses over $550 million add 30 levels. Number of victims matters too - more then 10 adds 2 levels, more than 50 adds 4 levels. At Criminal History Category I, offense level 37 carries a guidelines range of 210 to 262 months. Thats 17 to 22 years in federal prison.

The average federal fraud sentence runs about 23 months according to the U.S. Sentencing Commission. Roughly one in six defendants get probation. The rest get prison time ranging from months to decades.

The Evidence Your About to Destroy - And Why That's Another Felony

If your email account was legitimately compromised - if someone actually hacked in and used your account without your knowledge - there's evidence that can prove it. Login timestamps showing access from foreign IP addresses. Password reset requests you didn't initiate. Security logs showing unauthorized activity.

Most email providers keep these logs. For 30 to 90 days.

After that, they auto-delete. The evidence that could have proven your innocence disappears because you didn't know to preserve it.

But here's were people make it worse. They learn about an investigation - maybe agents call, maybe a co-worker mentions being questioned - and they panic. They delete emails. They clear browser history. They throw away the laptop. They think there protecting themselves.

There creating a new federal felony.

Obstruction of justice under 18 U.S.C. § 1519 carries up to 20 years in federal prison. Destroying evidence after you know about an investigation is textbook obstruction. Prosecutors love obstruction charges because their easy to prove and they make you look guilty of the underlying crime. Even if you eventually beat the wire fraud allegations, you can still be convicted of obstruction.

Legal Pulse: Key Statistics

40%Dismissal Rate

of criminal charges are dismissed or reduced with proper legal representation

Source: NJ Courts Annual Report

44%Bail Reform Impact

reduction in pretrial jail population since NJ bail reform

Source: NJ Judiciary 2024

Statistics updated regularly based on latest available data

What to Do When Federal Agents Call

The single most important thing:

Stop talking. Immediately.

Wire fraud is whats called a "specific intent" crime. The government has to prove you intended to defraud someone. If you genuinely didn't know - if you actually believed the transactions were legitimate - that matters. "Good faith" is a real defense. It can be the difference between conviction and acquittal.

But good faith gets destroyed the moment you start explaining.

Federal agents are trained to ask questions that seem friendly, cooperative, like their just trying to understand what happened. Every answer you give becomes evidence. "I thought it was a little weird but..." now the government has evidence you had suspicions. "I didn't really look into it because..." now you've admitted negligence. "I figured it was probably legitimate" sounds like willful blindness. Each statement narrows your defense options.

If you're contacted about a BEC investigation:

• Do not discuss the matter with anyone who might be involved in the scheme
• Do not destroy any documents, emails, or communications
• Do not make voluntary statements to federal agents
• Preserve security logs and account activity records immediately
• Contact a federal defense attorney before responding to any requests

Todd Spodek has handled federal wire fraud and BEC-related cases. He understands the difference between someone who knowingly participated in a scheme and someone who got caught up in something they didn't understand. That distinction matters enormously for strategy, for negotiations, for potential outcomes.

When Your Ready

If you've received a call from FBI agents, a subpoena for records, or a visit from federal investigators related to a wire transfer or BEC scheme - Spodek Law Group can help you understand where you stand.

The consultation is free. Theres no obligation.

What you'll get is an honest assessment. Are you a target or a witness? What's the realistic exposure based on the amounts involved? What evidence exists - and what evidence can still be preserved? Is there a path to resolution that doesn't involve prison?

Call 212-300-5196. The window for building an effective defense exists now - not after youve made statements, not after evidence has been destroyed, not after charges are filed. The earlier you have counsel, the more options remain available.

The hacker overseas might never face consequences. You will. Make sure you're prepared.