Winston-Salem Wire Fraud Attorney

Aggressively Defending Clients Accused of White-Collar Offenses in Forsyth County

Wire fraud is a serious white-collar crime that is vigorously investigated and prosecuted by the federal government. If convicted, defendants may serve several years in a federal prison and be subject to substantial fines.

At Beechler Tomberlin, we use much-involved investigation skills with other creative strategies to represent clients accused of various types of fraud. Let us fight for you.

Schedule a case evaluation with our Winston-Salem wire fraud lawyer. Contact us online or call today at (336) 933-9406.

Defining Wire Fraud in North Carolina

Wire fraud is defined under 18 U.S. Code § 1343. Any time a scammer uses an electronic device to take advantage of someone (e.g. throw, intentionally distribute false sales information or make empty promises), it is considered wire fraud. It is important to note that the person being accused does not have to complete the fraud for them to be charged.

In addition, this type of fraud does not require the defendant to interact directly with the victim, either. Many cases involve complex criminal enterprises that span across international borders.

In simpler cases, a domestic offender might impersonate a government agent on the Internet or telephone to trick an elderly person into sending their Social Security number. In more complex cases, however, class action attorneys might sue management when a scam causes the loss of millions of dollars.

Wire Fraud vs. Mail Fraud

The difference between wire fraud and mail fraud is the use of wire networks as opposed to the mail; however, the penalties are exactly the same regardless. Sometimes individuals are charged with both wire and mail fraud in cases where theft or deceit occurs through both channels.

Elements of Wire Fraud

To be convicted of wire fraud, the prosecution must prove the following elements:

• A Scheme to Defraud: The defendant must have intentionally devised or participated in a scheme to defraud someone out of money, property, or services. This involves making false representations or withholding material information that would affect the decision of the victim.
• Intent to Defraud: The defendant must have intended to deceive or cheat the victim. This is often demonstrated by evidence of the defendant's actions or the pattern of misrepresentation. For example, if the defendant knew their statement was false and intended for the victim to rely on it, they may be charged with wire fraud.
• Use of Wire Communication: The defendant must have used interstate or international communication (typically wire, radio, or television) in furtherance of the scheme. This could involve sending fraudulent emails, phone calls, faxes, or even using the Internet to carry out the fraudulent activities.
• Materiality: The fraudulent representation or omission must be significant enough to influence the victim's decision. This means the false information or omission had to be relevant to the victim’s decision to part with their money, property, or services.

Common Examples of Wire Fraud

Wire fraud can take many forms. Common examples include:

• Online Scams: A person may use email, websites, or social media to deceive someone into sending money or personal information under false pretenses, such as fake lottery winnings or fraudulent investment opportunities.
• Phishing Schemes: Criminals may send fraudulent emails or messages that appear to be from a legitimate business or government agency, asking individuals to provide sensitive information (like bank account details or Social Security numbers) for a supposed legitimate purpose.
• Telemarketing Fraud: A scammer uses phone calls (across state lines) to trick individuals into sending money for fake prizes, medical treatments, or investment opportunities.
• Fake Invoices or Billing: Sending fraudulent bills or invoices via email or mail, intending to steal money from individuals or businesses. For example, a person might pretend to be a legitimate vendor or supplier and send invoices to companies requesting payment for products or services that were never provided.
• Investment Frauds: Promoting fake investment schemes through online platforms or phone calls, convincing victims to invest in non-existent companies or ventures.
• Real Estate Fraud: Misrepresentation in real estate transactions conducted over the phone or internet, such as deceiving buyers into making payments for properties that do not exist or have undisclosed defects.
• Bank Fraud: Fraudulent activity conducted over the phone or internet, such as transferring funds from one account to another using deceptive methods.

Can You Go to Jail for Wire Fraud?

If you are convicted of non-government wire fraud, you may spend up to 20 years in prison. If you do this to a financial institution, it can increase your maximum penalty to 30 years. Note, however, that the significant loss will be paid by a fine instead.

As such, this fine for each case of wire fraud (overt or attempted) in a case involving financial fraud for a financial institution is as much as $1 million. Otherwise, it is $250,000 for individuals or $500,000 for corporations.

Defenses to Wire Fraud Charges

If you are facing wire fraud charges,  our Winston-Salem wire fraud defense attorney may use several potential defenses to challenge the charges. Depending on your case, we may argue a lack of intent to defraud, demonstrate no use of interstate communications, argue a lack of material misrepresentation (no false information was presented), mistaken identity or failure to prove the scheme.

If you're facing wire fraud charges, it is crucial to seek legal counsel from an experienced criminal defense attorney from our firm. 

Contact Beaechler Tomberlin Attorneys Today

Anyone who transports and exchanges cash electronically and who involves theft and defrauds, lies, or makes false pretenses can be charged with wire fraud. To be charged with wire fraud, you only need to initiate or make a phone call and attempt to steal or defraud. 

If you or someone you know has been accused of wire fraud, know that you have a lot to lose. Make an appointment with Beechler Tomberlin today to receive high-quality lawyer representation in Winston-Salem, NC. We also represent clients in Forsyth County, Stokes County, Surry County, Yadkin County, Davie County, Davidson County, and many other areas in North Carolina. 

Call (336) 933-9406 or contact us online to schedule an initial consultation with our Winston-Salem wire fraud attorneys who can work for your interests.