FEDERAL CRIMINAL LAWYERS

Federal Wire Fraud Charges Defense Lawyers | 18 USC 1343 Attorneys

So your probably sitting there right now absolutley terrified because the FBI just raided your office, or maybe you got a target letter saying your under investigation for federal wire fraud. Maybe they seized your computers and phones. Maybe they froze your bank accounts. Or maybe they just showed up at your door at 6 AM with a warrant and now your trying to figure out what the hell wire fraud even means. Look, we get it. Your PANICKING. And honestly? You should be! Because wire fraud under 18 USC § 1343 carries up to TWENTY YEARS in federal prison – and that’s PER COUNT!

What Is Federal Wire Fraud Under 18 USC 1343?

Let me break this down for you in plain English because the legal definition makes it sound way more complicated than it actualy is. Wire fraud is basicaly ANY scheme to get money or property through lies or deception that involves electronic communications. That’s it. Did you send an email with false information to get money? Wire fraud. Did you make a phone call across state lines as part of some scheme? Wire fraud. Did you submit false documents online? Wire fraud. The Department of Justice says wire fraud is there “go-to” charge because its so broad. Think about it – almost EVERYTHING involves electronic communications these days. Every email, every text, every phone call, every online transaction – if there’s any deception involved and it crosses state lines (which everything online does), boom, your facing wire fraud charges. Here’s the really scary part – you don’t even need to sucessfully steal anything! The attempt alone is enough. You don’t need to actualy cause losses. The scheme itself is the crime. We’ve seen people charged with wire fraud for emails that nobody even responded to. The goverment doesn’t care if your scheme worked or not – they just care that you tried. And here’s what makes it worse – EVERY SINGLE communication counts as a seperate charge. Send 10 emails? That’s 10 counts of wire fraud. Make 20 phone calls? 20 counts. Each one carrying up to 20 years. Do the math – your looking at potentially CENTURIES in prison for what might seem like a single scheme!

How Much Prison Time Do You Get for Wire Fraud?

Okay, let’s talk about what your really worried about – am I going to prison and for how long? The maximum sentence for wire fraud is 20 years per count, but if it involves a financial institution or disaster relief funds, it jumps to THIRTY YEARS! Plus fines up to $1 million. PER COUNT! But here’s what actualy happens in the real world. According to the U.S. Sentencing Commission, the average sentence for wire fraud is around 20-24 months. But don’t get too comfortable with that number because there’s HUGE variations based on several factors: **Loss Amount** – This is the biggest factor. Under $6,500 in losses? You might get probation. Over $550,000? Your looking at 3-4 years minimum. Over $3.5 million? 6-8 years. Over $25 million? 10+ years easily. The sentencing guidelines have this whole chart that adds points based on loss amounts, and every point means more prison time. **Number of Victims** – Got more than 10 victims? That adds points. More than 50 victims? More points. Vulnerable victims like elderly people? Even more points. We’ve seen cases where the loss was relativley small but there were hundreds of victims, and the sentence was still years in prison. **Your Role** – Were you the mastermind or just a participant? Organizers and leaders get hit way harder. If you recruited others, used sophisticated means, relocated to avoid detection – all of that adds time to your sentence. But here’s the thing nobody tells you – federal judges have ALOT of discretion now. The guidelines aren’t mandatory anymore (thanks to a Supreme Court case called Booker). We’ve seen judges go way below the guidelines for first-time offenders with compelling stories. We’ve also seen judges go way above for people they think are greedy or show no remorse.

What Does the Government Have to Prove for Wire Fraud?

The prosecution has to prove four specific elements beyond a reasonable doubt to convict you of wire fraud. Sounds simple but its actualy where we find alot of our defenses: First, they need to prove you had a “scheme to defraud.” This means you had a plan to deceive someone to get there money or property. But here’s the thing – not every lie is fraud! Puffery, sales talk, predictions about the future – these aren’t necessarly fraud. We’ve beaten cases where our client was just an optimistic salesperson who believed there own hype. Second, they need to prove you acted with “intent to defraud.” This is HUGE. They have to show you KNEW you were lying and intended to deceive people. Good faith belief in your statements, even if there wrong, isn’t fraud. Negligence isn’t fraud. Being a bad businessperson isn’t fraud. This is where alot of cases fall apart. Third, the false statements have to be “material” – meaning they would actualy influence someone’s decision. Some minor detail being wrong doesn’t cut it. The lie has to be about something important enough that a reasonable person would care about it. Fourth, you had to use “interstate wire communications” in furtherance of the scheme. This is usualy the easiest element for the government because everything electronic crosses state lines. But sometimes we can argue the communication wasn’t actualy in furtherance of the fraud – maybe it was incidental or after the fact. The government loves wire fraud because its so broad, but that broadness also creates opportunities for defense. We’ve won cases by attacking each of these elements, showing reasonable doubt on just one of them is enough for acquittal.

Can You Go to Prison for Attempted Wire Fraud?

Here’s something that shocks alot of our clients – YES, you can absolutely go to prison for attempted wire fraud even if you didn’t steal a single penny! The attempt carries the EXACT SAME penalties as completed wire fraud. Twenty years maximum, same sentencing guidelines, everything. The government doesn’t have to prove anyone lost money. They don’t have to prove anyone was even fooled by your scheme. All they need to show is that you TRIED to defraud someone using wire communications. We’ve seen people go to federal prison for failed schemes where literaly nobody lost anything. Think about how insane that is – you could send one email with false information trying to get money, nobody responds, nobody loses anything, but your still facing up to 20 years in federal prison! The government’s theory is that the harm is in the attempt itself, not just the result. What’s even crazier is conspiracy to commit wire fraud ALSO carries the same penalties. So if you just AGREED with someone else to commit wire fraud, even if you never actualy did anything, your facing the same 20 years. The federal system is brutal when it comes to fraud charges.

How Long Does the FBI Have to Charge Wire Fraud?

The statute of limitations for wire fraud is generaly five years from the last act in furtherance of the scheme. But here’s the catch – if it involves a financial institution, they have TEN YEARS to charge you! And they calculate it from the LAST act, not the first, so if your scheme lasted years, the clock doesn’t even start until its over. But here’s what realy matters – investigations often start way before charges are filed. The FBI might be investigating for 2-3 years before you even know about it. They’re subpoenaing records, interviewing witnesses, analyzing finances. By the time you get that target letter or knock on the door, they’ve already built most of there case. And get this – the statute of limitations can be “tolled” (paused) for various reasons. If you leave the country, the clock stops. If your concealing the fraud, courts might apply the “discovery rule” and say the limitations period doesn’t start until the fraud is discovered. We’ve seen people get charged for stuff from 10+ years ago because of these exceptions. The worst part? Once your charged, there’s no time limit on when they have to take you to trial (technicaly there’s the Speedy Trial Act, but there’s so many exceptions it rarely helps). We’ve had clients waiting 2-3 years for trial while out on bond, there whole life in limbo.

What Makes Wire Fraud Different From Mail Fraud?

People always ask us what’s the difference between wire fraud and mail fraud. Honestly? Not much anymore. Mail fraud uses the postal service, wire fraud uses electronic communications. That’s basicaly it. Same penalties, same sentencing guidelines, same defenses. The big difference is wire fraud is way easier for the government to prove these days because EVERYTHING is electronic. Every email leaves a digital trail. Every text is saved somewhere. Every online transaction is recorded. With mail fraud, maybe a letter got lost or there’s no proof it was sent. With wire fraud, there’s almost always a digital footprint. Here’s the thing though – prosecutors usualy charge BOTH if they can. Sent an email AND a letter? That’s wire fraud AND mail fraud. Same scheme, but now your facing double the counts. It’s one of there favorite tricks to rack up charges and increase pressure for a plea deal. The overlap is so complete that the Federal Sentencing Guidelines treat them identicaly. Same base offense level, same enhancements, same everything. The only real difference is in the evidence and how its presented at trial.

What Are the Federal Sentencing Guidelines for Wire Fraud?

The federal sentencing guidelines for wire fraud start at Section 2B1.1, with a base offense level of 7. But that’s just the starting point – the real sentence depends on a million different factors that can drive it way up. Loss amount is the biggest driver. Here’s how it breaks down: – $6,500 or less: No increase (level 7) – $6,500-$15,000: +2 levels – $15,000-$40,000: +4 levels – $40,000-$95,000: +6 levels – $95,000-$150,000: +8 levels – $150,000-$250,000: +10 levels – $250,000-$550,000: +12 levels – $550,000-$1.5 million: +14 levels – And it keeps going up from there! But that’s not all. There’s enhancements for everything: – 10+ victims: +2 levels – Mass marketing: +2 levels – Vulnerable victims: +2 levels – Financial institution involved: +2 levels – Sophisticated means: +2 levels – Leader/organizer: +2 to +4 levels By the time all the enhancements are added, someone with no criminal history could easily be looking at a guidelines range of 3-5 years or more. And if you have any criminal history? It gets way worse. The guidelines are “advisory” now, meaning judges don’t have to follow them. But they still matter ALOT. Judges start with the guidelines calculation and then decide whether to go up or down. We spend huge amounts of time fighting over guidelines calculations because every level matters.

Can First-Time Offenders Get Probation for Wire Fraud?

Can first-time offenders get probation? Maybe, but it’s getting harder and harder. If the loss amount is under $95,000 and there’s no enhancements, probation is technicaly possible under the guidelines. But federal judges HATE giving probation in fraud cases, especialy white-collar fraud. Here’s what helps first-time offenders avoid prison: – Very low loss amounts (under $40,000) – Full restitution paid before sentencing – Extraordinary family circumstances – Serious health issues – Substantial cooperation with the government – Mental health or addiction issues that contributed But even with all that, we’re seeing fewer and fewer probation sentences. Judges feel pressure to send a message about white-collar crime. The DOJ has policies discouraging probation for fraud. Victims write angry letters demanding prison time. The best shot at avoiding prison for first-timers is usualy through cooperation. If you can provide substantial assistance to the government – information about others involved, testimony at trial, helping recover assets – you might get a 5K1.1 motion for downward departure. We’ve seen people facing 5+ years get probation through cooperation. But cooperation is dangerous and complex. You need lawyers who understand how to navigate it safely. We’ve seen people try to cooperate without proper representation and end up making things worse for themselves.

What Defenses Work Against Federal Wire Fraud Charges?

Despite how broad wire fraud is, there ARE defenses that work. We’ve won wire fraud trials and gotten countless dismissals over the years. Here’s what actualy works: **Lack of Intent** – This is the big one. If you genuinely believed what you were saying was true, even if you were wrong, that’s not fraud. Good faith is a complete defense. We’ve won cases showing our client was just an optimistic entrepreneur who believed there own projections. **No Materiality** – If the false statement wasn’t important enough to influence anyone’s decision, its not fraud. Minor details, obvious puffery, things no reasonable person would rely on – these aren’t material. We’ve beaten cases by showing nobody could have reasonably relied on the alegedly false statements. **Advice of Counsel** – If you relied on a lawyer’s advice in good faith, that can negate criminal intent. But you have to fully disclose everything to the lawyer and actually follow there advice. Half-truths to your lawyer won’t cut it. **Statute of Limitations** – More common than you’d think. Calculating when the scheme ended, when it was discovered, whether tolling applies – these are complex issues we can sometimes use to get charges dismissed. **Insufficient Evidence** – The government has to prove every element beyond reasonable doubt. Sometimes there case looks strong on paper but falls apart at trial. Witnesses have credibility problems, documents don’t say what prosecutors claim, the timeline doesn’t work. But here’s the reality – most wire fraud cases don’t go to trial. Over 95% end in plea deals. The trial penalty is real (sentences after trial are way higher), and the government usualy has strong evidence by the time they charge. That’s why you need attorneys who can evaluate your case realisticaly and either fight like hell or negotiate the best possible deal.

What Should You Do If You’re Under Investigation for Wire Fraud?

If your under investigation for wire fraud, every single decision you make from this moment forward could mean the difference between freedom and federal prison. Here’s what you need to do RIGHT NOW: **STOP TALKING** – Don’t talk to investigators, don’t talk to potential witnesses, don’t even talk to friends and family about the case. Everything you say WILL be used against you. We’ve seen people literaly talk themselves into prison trying to “explain” there side. The FBI already knows what there looking for – they’re just trying to get you to admit it. **PRESERVE EVERYTHING** – Don’t delete emails, texts, files, anything. Destruction of evidence is seperate felony (obstruction of justice) that carries its own 20-year maximum. Plus it makes you look guilty as hell. Even if something looks bad, destroying it is worse. **HIRE SPECIALIZED COUNSEL IMMEDIATELY** – Not your buddy who does DUIs, not your divorce lawyer, not even a general criminal lawyer. You need attorneys who specialize in federal white-collar defense. The difference between experienced federal counsel and everyone else could be YEARS of your life. **DON’T TALK TO ANYONE WHO MIGHT BE WIRED** – The government loves using cooperating witnesses with recording devices. That co-defendant who suddenly wants to “talk things through”? Probably wired. That business partner who’s acting weird? Maybe wearing a wire. Be paranoid because they realy are out to get you. **START GATHERING FAVORABLE EVIDENCE** – While you can’t destroy bad evidence, you should preserve good evidence. Emails showing good faith, documents proving legitimate business purpose, records of professional advice you relied on. This stuff has a way of disappearing if you don’t secure it early.

Why You Need Spodek Law Group for Federal Wire Fraud Defense

Look, we’re not gonna sugarcoat this – federal wire fraud charges are absolutley devastating. The government has unlimited resources, a 95%+ conviction rate, and there looking to make examples out of people. But there’s a massive difference between attorneys who understand federal wire fraud defense and those who don’t. We’ve been defending federal wire fraud cases for over 50 years combined. We know every prosecutor in the Southern and Eastern Districts of New York, we understand how they build these cases, and more importantly – we know how to tear them apart. We’ve gotten complete dismissals, we’ve won at trial, and when trial isn’t the answer, we’ve negotiated deals that kept our clients out of prison. What separates us from other firms? We actualy understand the sentencing guidelines inside and out. We know how to challenge loss calculations, how to argue for downward variances, how to present mitigation that judges actualy care about. The difference between someone who knows federal sentencing and someone who doesn’t? It could literaly be 5-10 years of your life. More importantly, we understand the human side of this. Your not just worried about prison – your worried about your family, your career, your reputation, everything you’ve worked for your whole life. We treat every case like its our own family facing these charges because we know what’s at stake. We also understand cooperation. If that’s the route that makes sense, we know how to navigate it safely. We’ve guided dozens of clients through cooperation, getting 5K1.1 motions, protecting them from additional charges, making sure they don’t say something that makes things worse.

Call Spodek Law Group RIGHT NOW at 212-300-5196
We answer 24/7 because federal investigations don’t stop for weekends!

Don’t wait until your arrested. Don’t wait until your indicted. The earlier we get involved, the more options you have. We might be able to avoid charges altogether, convince prosecutors to file lesser charges, or at least start building your defense while evidence is fresh. Remember – the FBI has probably been investigating for months or years before you even knew about it. They have a massive head start. Every day you wait to get proper representation is another day there building there case while your doing nothing. Don’t let them run up the score while you sit on the sidelines!

Disclaimer: This article provides general information about federal wire fraud charges under 18 USC § 1343. Every case is unique and past results don’t guarantee future outcomes. Federal sentencing law changes frequently. If your under investigation or charged with wire fraud, get legal counsel immediately. This is attorney advertising.