Fraudulent wire transfers occurs whenever an individual uses electronic means in order to perpetrate a deceptive criminal act. It can involve a number of different crimes, and a few of the most common ones include:
- Obtaining payment for goods without delivering them
- Phishing or hacking scams designed to elicit personal information
- Mortgage fraud
- Banking fraud
- Credit card fraud
Most of the time, this crime is conducted across state lines, which in turn makes it a felony offense. The same act can also result in mail fraud charges if an act was carried out by using the U.S. Postal Service in addition to electronic forms of communication.
How Interstate Wire Fraud is Punished
In most cases, wire transfer fraud is punishable by fines, restitution and up to 20 years in federal prison. When a crime is committed against a financial institution, the amount of prison time increases to up to 30 years, and there can be a fine of as much as $1 million as well. Those who are sentenced to federal penitentiaries will have to serve their entire sentence, as there is no parole system offered by the U.S. government.
Federal Fraudulent Wire Transfers Defense Strategies
In order for the federal government to prove allegations of wire transfer fraud, it will be necessary to show that an individual had the requisite mens era, which is Latin for “guilty mind.” According to the United States Code, this means that the defendant must have intended to defraud others by his or her actions. Making the feds prove this intent is only one of the ways in which federal wire transfer fraud lawyers ensure that the rights of their clients are not violated.
Attorneys will also look at the possibility of mistaken identity in order to raise reasonable doubt in the minds of jurors. Mistaken identity is a leading factor in wrongful convictions, especially for Internet-related crimes. In order to prove mistaken identity, it might be necessary to run extensive forensic checks on a defendant’s computer or obtain detailed cell phone information.
Request Help From a Houston Federal Wire transfer Fraud Attorney
James Alston is a Houston lawyer who is experienced at handling all types of federal criminal offenses, to include interstate fraudulent wire transfer. Board-certified in criminal law from the Texas Board of Legal Specialization, he fights hard for his clients in order to help them assert their innocence.
Get your questions answered - call me for your free telephone consultation at (713) 228-1400