Wire Fraud Attorney in Miami, FL

Whether you or a loved one has been arrested or is under investigation for wire fraud or mail fraud, it is critical to consult with an experienced wire fraud attorney in Miami as soon as possible to ensure that your rights are protected. You need the counsel of an experienced federal criminal lawyer to guide you through the process and maximize your chances of resolving your case with a favorable outcome.

What is Mail and Wire Fraud?

Wire fraud and mail fraud are federal crimes involving fraudulent schemes carried out through wire communications or the mail. Wire fraud requires an interstate or foreign wire transmission. Mail fraud covers use of the U.S. Postal Service or a private or commercial interstate carrier; the particular mailing does not have to cross state lines.

Florida’s organized fraud statute addresses related conduct, but its elements differ from those of federal mail and wire fraud.

In a mail or wire fraud prosecution involving money or property, the government generally must prove the following elements beyond a reasonable doubt:

  • You knowingly devised or participated in a scheme to defraud someone by using false or fraudulent pretenses, representations, or promises;
  • the false pretenses, representations, or promises were about a material fact;
  • you acted with the intent to defraud; and
  • You used or caused the use of an interstate or foreign wire communication, the U.S. mail, or a private or commercial interstate carrier to help carry out the scheme, depending on the charge.

Scheme to Defraud

A scheme to defraud can apply to just about any kind of fraudulent scheme, from credit card fraud, insurance fraud, healthcare fraud, securities fraud, bank fraud, and mortgage fraud, to government fraud, internet fraud, telemarketing fraud, accounting fraud, and tax fraud. South Florida is known as a hotbed for financial fraud, and there is no shortage of examples. Basically, any conduct or course of action intended to cheat or deceive someone out of money or property by using false or fraudulent pretenses, representations, or promises, can be a “scheme to defraud.”

Some cases involve allegations of employee theft through false invoices or unauthorized transfers of company funds. Our employee theft page discusses the state and federal charges that may arise from workplace allegations.

Wire fraud charges may also arise from allegations of false payroll figures or other material misstatements in Paycheck Protection Program applications. Our PPP loan fraud defense page explains the related charges and investigation process.

False or Fraudulent Pretenses

A communication is considered “false” or “fraudulent” if it’s about a material fact that you know isn’t true. It can also be considered “false” or “fraudulent” if you recklessly make the statement without caring whether it’s true or not and you made it with intent to defraud. The communication doesn’t have to be completely false as long as it is made with the intent to defraud. It can be a half-truth or just have the effect of concealing a material fact.

Intent to Defraud

To prove mail or wire fraud involving money or property, prosecutors must show that you knowingly participated in a scheme to obtain someone’s money or property through material deception, with intent to defraud. An honest mistake does not establish that intent.

The government does not have to prove that the scheme succeeded or that you intended to cause a net financial loss. In Kousisis v. United States, the Supreme Court held that obtaining money through materially false pretenses can support a fraud conviction even when the victim receives goods or services worth the amount paid. Receiving full value therefore does not, by itself, defeat a fraud charge.

Materiality

The alleged deception must concern a material fact: one capable of influencing the decision at issue. Materiality is a separate element the government must prove. Whether a statement meets that requirement depends on the transaction and the role the statement played.

Use of Wires or Mail in Furtherance of Scheme

The final element of wire fraud/mail fraud requires the government to prove that in carrying out the fraud, you “caused” the transmission of an interstate wire communication or used the mail for the purpose of executing, or attempting to execute, the scheme. The wire fraud statute states that the communication in question must be “transmitted by means of wire, radio, or television communication.” This is almost always the easiest element for the government to prove but is, nonetheless, essential to prosecutions in federal court. The law does not require that you did it personally, only that you “caused” it. It’s enough that it was reasonably foreseeable that the communication would be made in carrying out the scheme. Also, because mailing or electronic communication by itself is frequently innocent and/or routine, the question is whether the communication played a part in the execution of the scheme. The communication(s) doesn’t have to be used to obtain the property which is the object of the fraud. It’s enough if it had the effect of making the transaction less suspicious or stonewalling the person from inquiring further.

Possible Penalties for Wire Fraud/Mail Fraud

Mail fraud and wire fraud generally carry up to 20 years in federal prison per count. The maximum increases to 30 years when the offense affects a financial institution or occurs in relation to a presidentially declared major disaster or emergency, including fraud involving benefits connected with that declaration. Those enhanced offenses also carry a statutory fine of up to $1 million.

A conviction can also result in:

  • Supervised Release after a prison sentence
  • Fines generally up to $250,000 for an individual or $500,000 for an organization, with a $1 million statutory maximum for qualifying financial-institution or disaster-related offenses. A higher fine may apply under the alternative gain-or-loss rule in 18 U.S.C. § 3571.
  • Restitution
  • Forfeiture

When a mail or wire fraud scheme involves misuse of another person’s identifying information, prosecutors may also bring aggravated identity theft charges. A conviction under 18 U.S.C. §1028A(a)(1) adds a mandatory two-year prison term consecutive to the sentence for the underlying fraud.

A criminal defense attorney from our law firm can analyze the specific facts of your case to determine the possible punishment you face if you are convicted.

Wire Fraud and Mail Fraud Defenses

Possible legal defenses can include:

  • Honest mistake or misunderstanding that negates fraudulent intent
  • Good Faith (lack of intent)
  • Lack of knowing participation in the alleged scheme
  • Communication Not in Furtherance of Scheme
  • Puffing (e.g., exaggeration or flattery commonly used by salespeople to persuade potential purchasers, investors, etc.)
  • Statute of Limitations

Contact an Experienced Miami Wire Fraud Defense Lawyer

Over the years, Mr. Edelstein has represented many clients in wire fraud/mail fraud cases. By taking the immediate action of hiring an experienced Miami federal wire fraud defense lawyer to defend yourself, you are minimizing the chances that your case will have lasting consequences for your career, personal life, and reputation.

CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

*Due to the large number of people who contact us requesting legal representation, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry in a timely and appropriate manner.

IF YOU ARE MAKING A DECISION TO HIRE A MIAMI MAIL FRAUD ATTORNEY IN MIAMI-DADE COUNTY, MAKE SURE THAT YOU HIRE AN EXPERIENCED ATTORNEY WITH THE PROPER QUALIFICATIONS TO DEFEND YOU PROPERLY.