Las Vegas Wire Fraud Defense Attorney
Wire fraud is one of the most commonly charged federal crimes, frequently tied to financial schemes and online scams. Prosecuted under 18 U.S.C. § 1343, wire fraud involves using electronic communications—such as phone calls, emails, or the internet—to commit fraudulent acts. Because wire fraud often crosses state or international borders, it is typically prosecuted at the federal level.
At Hofland & Tomsheck, attorney Josh Tomsheck is a Nationally Board Certified Criminal Lawyer with extensive experience defending clients against complex federal charges like wire fraud. His expertise in federal court makes him well-equipped to fight for your rights.
What Is Wire Fraud?
Wire fraud, as defined under 18 U.S.C. § 1343, involves the use of wire, radio, or television communication in furtherance of a scheme to defraud. The essential elements that federal prosecutors must prove to secure a conviction include:
- The defendant intentionally devised or participated in a scheme to defraud.
- The defendant used electronic communications as part of the scheme.
- The intent behind the scheme was to deprive the victim of money, property, or honest services.
Wire fraud is often charged alongside other federal crimes such as:
Case Law and Legal Precedents for Wire Fraud
Federal courts have consistently applied stringent standards when evaluating wire fraud cases. In United States v. Neder, 527 U.S. 1 (1999), the Supreme Court clarified that wire fraud requires both the intent to defraud and the use of false pretenses to secure money or property. Additionally, the court held that material misrepresentation is essential to proving the existence of a fraudulent scheme.
In United States v. McNally, 483 U.S. 350 (1987), the Supreme Court ruled that wire fraud applies not only to schemes that defraud individuals of property but also to schemes that deprive individuals of the intangible right to honest services. This ruling led to the Honest Services Fraud statute, often invoked in public corruption cases.
Sentencing Guidelines for Wire Fraud
The penalties for a wire fraud conviction are governed by the United States Sentencing Guidelines. Factors influencing sentencing include the amount of financial loss, the number of victims, and the defendant's criminal history. Under 18 U.S.C. § 1343, the base penalties are:
Fines: Wire fraud convictions can result in fines of up to $250,000 for individuals and $500,000 for organizations.
Imprisonment: The statutory maximum penalty is 20 years in prison. However, if the fraud affects a financial institution or is connected to a national emergency or disaster, the maximum sentence increases to 30 years.
Restitution: Defendants are typically required to pay restitution to the victims, compensating them for financial losses incurred.
Federal judges use the U.S. Sentencing Guidelines Manual to determine the advisory sentencing range based on specific offense characteristics, including the total financial loss and the defendant's role in the offense.
Federal Investigations and Wire Fraud Charges
Wire fraud cases are often investigated by federal agencies such as the Federal Bureau of Investigation (FBI) and the U.S. Postal Inspection Service. These agencies frequently use wiretaps, subpoenas for financial records, and surveillance to build cases against individuals accused of wire fraud.
If you are under investigation for wire fraud, the stakes are high. Early legal representation is critical. The federal government has vast resources at its disposal to investigate and prosecute these cases, which is why you need an experienced federal defense attorney like Josh Tomsheck to protect your rights from the start.
Defenses Against Wire Fraud Charges
At Hofland & Tomsheck, we carefully analyze every aspect of your case to develop a robust defense strategy. Common defenses to wire fraud include:
Lack of Intent: Prosecutors must prove that the defendant knowingly intended to defraud the victim. If the prosecution cannot demonstrate intent, the charges may be dismissed or reduced.
Good Faith: If the defendant believed that their actions were legal or did not intend to deceive anyone, this defense could be viable.
Insufficient Evidence: Wire fraud cases often rely on complex evidence. By challenging the validity of wiretaps, financial records, or the prosecution's interpretation of electronic communications, we can create doubt about the alleged scheme.
Why Choose Josh Tomsheck for Your Wire Fraud Defense
With years of experience defending clients in federal court, Josh Tomsheck has the knowledge and resources to effectively combat wire fraud charges. As a Nationally Board Certified Criminal Lawyer, Josh understands how to navigate the complexities of federal cases, from pre-indictment investigations to trial. His comprehensive understanding of wire fraud statutes, coupled with his ability to craft innovative defenses, makes him a formidable advocate.
Josh's background as a former prosecutor also gives him unique insight into how the federal government builds its case, allowing him to strategically counter the prosecution's efforts.
Schedule a Free, Confidential Consultation with Josh Tomsheck
If you're facing wire fraud charges or are under investigation, don't wait—contact Hofland & Tomsheck for a free, confidential consultation with Josh Tomsheck. Whether you're seeking immediate legal advice or need representation in court, we are here to help.
We offer consultations in person, over the phone, or via Zoom, depending on your preferences and location. Reach out to us today by calling (702) 895-6760, or visit our office at 228 S. 4th Street, First Floor, Las Vegas, NV 89101.
