Dealing With Wire Fraud Charges

 Posted on November 30, 2022 in Federal Crimes

An Episcopal Church priest and a businessman are facing federal charges after allegedly defrauding a foster care organization of approximately $10 million. A federal grand jury indicted both men, with the priest facing one count of money laundering, one count of conspiracy to commit wire fraud, and 15 counts of wire fraud while the businessman is charged with three counts of money laundering, one count of conspiracy to commit wire fraud, and 10 counts of wire fraud.

Whereas mail fraud encompasses crimes committed using physical mailing systems, wire fraud charges rely on electronic systems and can thus be much more expansive. Wire fraud is a serious federal crime because a conviction is punishable by up to 20 years in prison and/or a fine of up to $250,000. However, an alleged offense involving a financial institution could be punishable by up to 30 years in prison and/or a fine of up to $1 million.

Possible Defenses Against Wire Fraud 

The key phrase in Title 18 U.S. Code § 1343 is “having devised or intending to devise,” meaning an alleged offender in a wire fraud case must have had the intent to defraud another party. The most common defense against wire fraud charges usually relies on proving an alleged offender did not intend to do anything wrong.

Proving that an alleged offender did not intentionally engage in any kind of fraudulent activity can be a complete defense against wire fraud charges. You may also be able to prove a lack of criminal intent by focusing on statements you made that could be considered “puffery,” meaning there were hyperbolic things you said in the interest of securing a sale but were not necessarily illustrative of promises.

Some people may be able to argue that they did not have the authority to make any promises. Federal charges again rely on an alleged offender transmitting a message “for the purpose of executing” a scheme, so an alleged offender can also challenge the federal government to prove they had this purpose.

Contact a Chicago Wire Fraud Lawyer

If you believe that you are or could be facing wire fraud charges in the Chicago area, it will be important for you to seek legal representation without delay. A Chicago federal wire fraud defense attorney at Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney will be able to advise you on the best possible steps to take and what defenses you might have in your case. 

Our firm has more than two decades of experience handling these types of cases. Call 312-629-0669 or contact us online to receive a free consultation.

Sources:

https://www.christianpost.com/us/episcopal-priest-charged-with-defrauding-foster-charity-of-10m.html

https://www.law.cornell.edu/uscode/text/18/1343