Wire fraud is one of the federal government’s most frequently used fraud charges. It can arise from business transactions, loan applications, electronic payments, emails, online accounts, benefit programs, investment activity, or other conduct involving interstate communications. A federal investigation requires a close examination of both the alleged scheme and the electronic evidence.
What federal prosecutors generally must prove
Although the precise instructions depend on the controlling law and facts, a wire-fraud prosecution generally requires proof of a scheme to defraud, an intent to defraud, and use of interstate wire communications to advance the alleged scheme. The government must prove the charged elements beyond a reasonable doubt. An accusation, complaint, indictment, or press release is not a finding of guilt.
What may qualify as a “wire”
- Emails and text messages
- Online applications and electronic signatures
- Bank transfers, card transactions, and payment-platform activity
- Telephone calls and electronic records
- Cloud-based documents and account activity
- Website submissions and digital communications with customers, lenders, or agencies
The communication does not always have to contain the alleged misrepresentation itself. Prosecutors may contend that it helped execute or further the alleged scheme. Whether a particular communication satisfies the statute is a fact-specific legal question.
Issues that may shape the defense
Wire-fraud cases often turn on intent and context. Relevant questions may include who made a statement, who entered or transmitted information, what the person knew at the time, whether a statement was material, whether the transaction reflected a legitimate business purpose, and whether the government’s interpretation matches the complete record.
Other issues may involve good faith, reliance on professionals, ambiguity in contracts or program rules, authorization, the accuracy and completeness of witness accounts, the timing of communications, and whether evidence was lawfully obtained and accurately attributed.
Digital evidence and electronic discovery
Federal cases can involve large volumes of emails, messages, financial data, device records, cloud files, spreadsheets, and metadata. A sound review looks beyond isolated excerpts. Dates, document versions, attachments, custodians, account access, surrounding conversations, and business records may change the meaning of a communication.
Preservation is critical. Deleting or altering records after learning of an investigation can create additional problems. Counsel can help identify relevant sources, coordinate collection, assess discovery, and organize the evidence into a defensible chronology.
Wire fraud is often charged with other offenses
Depending on the alleged conduct, prosecutors may also investigate conspiracy, mail fraud, bank fraud, false statements, identity theft, money laundering, unlawful monetary transactions, tax offenses, or obstruction. Related allegations can affect potential exposure, discovery, plea negotiations, trial strategy, forfeiture, restitution, and sentencing.
What to do if agents request an interview
A person contacted by federal agents may ask to speak with an attorney before answering questions. Do not assume that being called a witness means the matter carries no risk, and do not guess about dates, amounts, communications, or another person’s conduct. Counsel can assess the request, clarify the client’s status when possible, and advise whether and how to respond.
Louisiana federal white-collar defense
Bickham Law represents individuals, professionals, and businesses in federal investigations and white-collar criminal matters. Ralph Bickham is admitted in the United States District Courts for the Eastern, Middle, and Western Districts of Louisiana. For a confidential consultation concerning wire fraud or a related federal investigation, call 504-584-5730 or contact Bickham Law.
Related: Learn about Bickham Law’s federal white-collar defense representation and review what to know about PPP, EIDL, and COVID-relief fraud investigations.
This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.