What is wire transfer fraud? Definition, Elements and Penalties – Forbes Advisor

If you are accused of wire fraud, you have many defense options available to you.

Lack of intent

You must have intentionally initiated or participated in a plan to defraud someone. You must also have intentionally used electronic communications to achieve this goal. A prosecutor must prove that you acted with the intent to further your plan.

There is no fraud

You must also have committed fraud, which means you have made material misrepresentations or omissions. If there was no plan to commit fraud or you made no effort to further such a plan, you should not be convicted of wire fraud.

No international or interstate communications

Wire fraud requires international or interstate communications by electronic means. If there has been no communication across state borders and no international communication, the prosecutor cannot prove this necessary element of the crime.

Insufficient evidence

Finally, it is important to remember that you do not have to prove your innocence. It is up to the prosecutor to prove that you are guilty beyond a reasonable doubt in order to secure a conviction. If there is insufficient evidence that you violated the wire fraud law, you should be acquitted.

You may be able to prevent evidence from being used to prove your guilt if it was obtained during an unlawful search or after your Miranda rights were violated. If you can get evidence suppressed, you can make it harder for the prosecutor to prove you are guilty.