Many white collar crimes are based on a person trying to get access to assets by means that aren’t legitimate. These methods often involve scams, fraud, phishing or spam. When the method used to try to defraud another person out of his or her money occurs across interstate wires a person might be charged with wire fraud.
What are examples of interstate wires?
Interstate wires involve a variety of communication methods. The internet, phone lines, televisions, fax machines and other similar methods of communication are interstate wires. The key point in these cases is there must have been an attempt to defraud the victim that involved the use of one of those methods.
What elements must be present in a wire fraud case?
There are four elements that must be present for a case to meet the legal definition of wire fraud. We’ve already discussed two of these — an intent to defraud and the use of interstate communications. The other two are that the defendant participated in the scheme to defraud and that it was reasonable to see that wire communications were going to have to be used in the scheme.
What defense strategies can I use for these cases?
The defense strategy that is used in each wire fraud case has to poke holes in the prosecution’s claims. One place that you can start when you are developing a defense is looking at how the prosecution is going to show that the four elements were present in a case. If possible, you should call those four points into question. Other defense strategies might be possible, but those must be based on the points of the case. An attorney can help you learn more.
Source: FindLaw, “Wire Fraud,” accessed Aug. 30, 2016