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Attorney Chandon S. Alexander is a Las Vegas lawyer who is an active member of the National Trial Lawyers Association and has been recognized as one of the Top 10 Attorneys under 40. He is a member of the Clark County Bar Association, American Bar Association, and the Nevada Justice Association.
If you or a loved one are facing wire fraud charges in Nevada, you may find yourself in a daunting situation. Once charged with this crime, the government will spare no effort in seeking a conviction and imprisonment. These charges are serious, necessitating the assistance of a skilled and knowledgeable Las Vegas wire fraud lawyer who routinely defends those facing fraud charges.
Wire fraud cases are inherently complex due to the various forms of fraud involved. Regardless of the case’s scale, our esteemed federal criminal defense attorney can provide comprehensive support. Contact the Spartacus Law Firm now to schedule a free consultation to learn more about how we can help with a custom defense strategy.
Wire fraud charges, as well as fraud charges in general, possess a unique characteristic: they can be brought forth even if the alleged scheme fails or remains incomplete. The crucial factor lies in the formulation of the scheme and the execution of any step towards its realization. If any form of wire, radio, or television is employed to transmit information or communication pertaining to the scheme, wire fraud charges may be applicable. This encompasses deceptive television advertisements, email-based schemes, or online advertising campaigns.
Moreover, wire fraud charges can be combined with other federal crimes or white-collar offenses, including RICO violations, credit card fraud, bank fraud, or conspiracy. The involvement in multiple illegal activities may heighten the potential penalties, encompassing imprisonment, fines, and restitution. Defendants in such cases may also confront federal seizure of assets and other intricate matters specific to federal proceedings. Noteworthy offenses related to wire fraud encompass:
Fraudulent activities frequently intersect, such as in the case of mail fraud and wire fraud. These two crimes bear remarkable similarities, with the sole distinction being the involvement of the U.S. Postal Service in mail fraud. This distinction carries significant consequences, potentially resulting in an extended prison sentence. In fact, the maximum penalty for mail fraud is a staggering 20 years of imprisonment.
Referred to as cybercrime, any fraudulent activity conducted online is categorized as internet fraud. If your alleged offense involved the use of email, charges related to internet fraud could be added to your case. In the most severe cases, this could result in an additional 20-year prison sentence at the federal level.
Securities fraud can be prosecuted as a state crime. However, if you are already facing a wire fraud charge, it is likely that you will be prosecuted at the federal level. A security refers to a business arrangement involving the exchange of ownership in a business or the right to repayment of debt. Thus, it is closely linked to wire fraud. The maximum penalty for this offense is an additional 16 years in prison.
When you consider the cumulative effect of all these related offenses, it becomes evident that you could potentially spend the remainder of your life in federal prison. This underscores the importance of retaining a strong and capable Las Vegas wire fraud lawyer to defend you. It is not sufficient to build a defense solely around one charge. An experienced criminal defense attorney will adeptly address any additional charges that may be brought against you during the trial.
In essence, fraud involves intentionally or recklessly spreading falsehoods with the intention of depriving an unsuspecting victim of their money, property, or other valuable assets. To establish a case of wire fraud, a federal prosecutor must convincingly demonstrate, beyond a reasonable doubt, that the defendant fulfilled all of the following criteria:
In cases of wire fraud, the defendant must possess the specific intent required to commit fraud. It is crucial to understand that a defendant can be convicted for attempted wire fraud, even if the actual act of wire fraud was not committed. The penalties for attempted wire fraud are the same as those for a conviction of wire fraud.
Offenders convicted under § 1343 may face imprisonment for up to 20 years, fines of up to $250,000, or both. However, if the violation affects a financial institution or involves any benefit related to a presidentially declared major disaster or emergency as defined by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5122), the penalties for conviction increase significantly. In such cases, the maximum prison sentence can be up to 30 years, fines can reach up to $1,000,000, or both.
Moreover, if the violations involve telemarketing or email marketing, convicted offenders will face an additional 5-year sentence on top of any prescribed sentence under the wire fraud statute. However, if the victims are over the age of 55, or if the defendant specifically targeted individuals in this age group, the penalty for wire fraud violation increases by an additional 10 years.
It is worth noting that attempting or conspiring to commit a wire fraud offense is also punishable under 18 U.S.C. § 1349. The penalties for such attempts or conspiracies are the same as those for the underlying wire fraud offense that was the object of the attempt or conspiracy.
The States Sentencing Commission (USSC) releases a federal Sentencing Guidelines Manual that provides an advisory sentence range for all federal offenses. These guidelines assist judges in determining the appropriate sentence for a defendant found guilty of a specific offense. While judges are still obligated to follow mandatory sentences for a given offense, they have the discretion to deviate from the recommended sentencing range by increasing or decreasing the base offense level penalty. The Guidelines also outline certain factors that can either enhance or mitigate an offender’s final sentence.
In the case of wire fraud violations, §2B1.1 of the Guidelines is applicable. The base offense level for a § 1343 violation is 7, resulting in a sentencing range of 0 to 21 months in federal prison, depending on the offender’s criminal history. Additionally, specific characteristics of the offense, such as the amount of loss involved, can further impact the offense level.
Given the expansive nature of the statute, wire fraud offenses may potentially breach or overlap with various other federal offenses. For instance, wire fraud can act as a predicate offense, meaning it encompasses certain elements of other federal offenses like racketeering (18 U.S.C. § 1961-1964) and money laundering (18 U.S.C. § 1956 & 1957).
Wire fraud may also overlap with fraud offenses prescribed under jurisdictional circumstances other than those involved in wire use, such as bank fraud (18 U.S.C. § 1344), health care fraud (18 U.S.C. § 1347), securities fraud (18 U.S.C. § 1348) and foreign labor fraud (18 U.S.C. § 1351). Wire fraud may also overlap with honest services fraud as it relates to bribery and kickbacks, such as the bribery of federal officials (18 U.S.C. § 201), bribery involving federal programs (18 U.S.C. § 666), and obstructing commerce by extortion under color of official right (42 U.S.C. § 1320a-7b).
The Federal Bureau of Investigation (FBI) is the primary authority responsible for investigating cases of wire fraud. However, depending on the specific circumstances, other agencies may also become involved in these investigations. Commonly, the Internal Revenue Service (IRS) and the Federal Trade Commission (FTC) are among the agencies that actively pursue cases related to wire fraud. State and local authorities may also play a role in investigating these offenses.
Mail fraud and wire fraud are both schemes designed to deceitfully obtain money or property from individuals or groups. Mail fraud involves the use of the United States Postal Service (USPS) or a private/commercial carrier to execute or discuss any part of the fraudulent scheme. On the other hand, wire fraud encompasses any form of communication transmitted across state lines, such as email, fax, phone call, or text message.
Apart from the differences in communication methods, these crimes diverge in terms of federal jurisdiction. Mail fraud can be prosecuted as a federal offense even if the communication is limited to a neighboring address. However, for a federal wire fraud charge, the communication must cross state lines. By understanding these distinctions, we can better comprehend the complexities and legal implications surrounding these fraudulent activities.
If you’ve been contacted by federal investigators, charged with wire fraud, or suspect you’re under investigation for fraud, it’s crucial to act swiftly to safeguard your interests. Reach out to our skilled Las Vegas wire fraud lawyer at the Spartacus Law Firm for expert guidance. Discover how we can protect your rights, potentially counteract the investigation, and help you avoid arrest or formal charges. Taking a proactive approach is paramount when dealing with legal matters of this nature. Contact our office to schedule your free consultation and learn more about the next steps.
