Can I Be Charged With Wire Fraud From a Single Text?

 Posted on September 20, 2024 in White collar Crimes

Wire fraud is a serious federal crime that carries severe penalties. Its broad definition and scope allow authorities to apply it to many cases, enhancing state crimes into federal offenses. Sending an email, a text, a video, or any other electronic communication in a fraudulent context can invite a wire fraud charge.

This article will discuss what wire fraud is and its penalties. For more details, or if you or a loved one have been accused of wire fraud, consult an Illinois wire fraud defense attorney to start building your defense.

What Is Wire Fraud?

18 U.S.C. § 1343 defines wire fraud as using wire, radio, or television communication across state lines to defraud someone. Given how pervasive electronic communications and the internet are, nearly all fraud today involves using interstate wire communications.

There are four elements to the crime of wire fraud. A prosecutor must prove:

• You intentionally and voluntarily participated in a scheme to defraud someone.
• You did so with the intent to defraud.
• It was reasonable to expect that interstate wire communications would be used.
• Interstate wire communications were used.

Note that actual fraud does not need to take place for someone to be charged. All that is required is intent.

Furthermore, interstate communication does not mean you need to communicate with someone across state lines. If your message passes through a server in another state, even if the recipient is in your location, it can be considered interstate wire communication.

Can I Be Charged With Wire Fraud Based On One Text?

Based on the law, a person can be charged with wire fraud for a single email or a single text message. However, one communication is not likely to form the basis of an indictment. Rather, it is more often used to enhance a charge when it is part of a larger scheme to defraud. In such a case, prosecutors can use a single communication to upgrade charges to wire fraud.

For example, offering to sell someone the Brooklyn Bridge over a text message is not likely to result in a charge. However, if an organized ring has been scamming multiple victims, one text message or email sent by any of the scammers can be used to level wire fraud charges.

What Are the Penalties for Wire Fraud?

Someone convicted of wire fraud can face:

• 20 years in prison for each count of wire fraud
• A fine of up to $250,000 for individuals and up to $500,000 for organizations
• Up to 30 years in prison and a fine of up to $1 million if the fraud or attempted fraud involved a financial institution or federal emergency relief effort

In addition, the accused may be ordered to pay full restitution to his or her victims.

Contact a LaSalle, IL Wire Fraud Defense Lawyer

Wire fraud is broadly defined and carries heavy penalties. That is why a Bureau, IL defense attorney is crucial to your defense against wire fraud charges. At Komie and Associates, our experienced attorneys are ready to create an aggressive legal strategy to protect your rights and your future. Schedule a free consultation by calling 312-263-2800 today.