Dallas Wire Fraud Defense Attorneys

Because it involves crossing state lines, wire fraud is a federal crime. It occurs when someone intentionally uses a “wire, radio, or television communication in interstate or foreign commerce” to carry out a scheme to defraud others of money, property, or anything of value. In today’s world, the crime is most often associated with the use of e-mail, text messages, and the Internet, including Zoom, Skype, and social media platforms such as Facebook and Twitter.

A person accused of wire fraud could face serious consequences, including large fines and extensive time in prison. In most cases, the federal government will charge a person with one or more crimes related to the alleged wire fraud, such as bank fraud, money laundering, or drug trafficking. It can be highly intimidating.

If you have been charged with wire fraud, or if you know you are under investigation for the offense, you should seek help from a seasoned Dallas wire fraud defense lawyer as soon as possible. Federal prosecutors will move quickly to pursue a conviction. You need to have a legal team on your side that will move fast as well to protect your rights and seek the best possible outcome in your case. Get in touch with our Texas criminal defense lawyers from Broden & Mickelsen, LLP today.

We have more than 60 years of combined experience defending clients charged with wire fraud and other white-collar crimes in federal courts in Texas and throughout the United States. In every case, we take a unique team approach to defending our clients, with both partners contributing our skills and knowledge to developing an effective strategy that meets our clients’ needs and goals.

To discuss how we can help you, call or reach us online today and receive a free consultation about your Dallas wire fraud case.

How Can a Dallas Federal Wire Fraud Attorney Help You?

Our clients at Broden & Mickelsen, LLP, benefit from having two lawyers on their side who are certified by the Texas Board of Legal Specialization in Criminal Appellate Law and Criminal Defense Law. We have effectively represented clients in hundreds of cases in federal courts in multiple states as well.

As experienced Dallas wire fraud defense lawyers, we will know how to protect your rights and fight the charges against you. You can count on us to:

Conduct an exhaustive investigation. Wire fraud cases can be complex. They typically require in-depth knowledge of communications technology and other highly technical areas. That is why we work with highly skilled and trained investigators. We also frequently consult with experts who can help us – and the jury – understand the nature of your case.
Aggressively defend you. Our goal at every stage in your case will be to protect you and your best interests. Whether discussing a plea with a federal prosecutor, arguing a motion before a judge, or presenting your defense to a jury, we will work tirelessly and vigorously to reach that goal.
Serve as counselors and advisers. We realize how scary it can be for a person to face a wire fraud charge and all the consequences that could come with a conviction. If an attorney fails to communicate with you, it will only add to your anxiety. At Broden & Mickelsen, LLP, we never leave our clients in the dark. We will keep you updated throughout your case, consult with you about matters critical to your defense, and always be available to answer your questions.

What Is Wire Fraud?

A federal statute, 18 U.S.C. § 1343, defines the offense of wire fraud. Under the statute, the crime occurs when someone devises or intends to devise any scheme to defraud, or to obtain money or property under false pretenses, by using some form of electronic communication in interstate or foreign commerce, including any “writings, signs, signals, pictures, or sounds.”

Texas has no similar statute. So, if you are charged with wire fraud in Dallas, your case will go through the federal court system. That is why it will be important to work with Dallas white-colar crime attorneys who have defended clients and tried cases in federal courts.

When the law was enacted in the early 1950s, it typically applied to people using communication technology such as phones, radio, and television to carry out fraudulent schemes. However, today, it is often associated with Internet-based technology. For instance, if a person uses a “phishing” scam to solicit money, it could lead to a wire fraud charge.

It’s important to know that each transmission a person makes to further or advance the underlying scheme to defraud can be charged as a separate crime. So, if a person sent 30 text messages to carry out a plan to defraud others, it could result in 30 separate counts of wire fraud.

What Does the Government Have to Prove in a Wire Fraud Case?

The elements of wire fraud are similar to those the federal government must prove to establish mail fraud under 18 U.S.C. § 1341. To convict a person of wire fraud in violation of 18 U.S.C. § 1343, the federal government must provide evidence that proves four facts beyond a reasonable doubt:

The defendant voluntarily and intentionally devised or participated in a scheme to defraud another out of money or property.
The defendant did so with the intent to defraud
It was reasonably foreseeable that interstate wire communications would be used.
Interstate wire communications were, in fact, used to further the scheme.

The statute doesn’t necessarily punish a person for the fraud itself. Instead, it punishes a person for the way the person carries out or attempts to carry out the scheme to defraud. That is why most defendants face wire fraud charges in addition to other charges related to the scheme.

Examples of Wire Fraud

The federal wire fraud statute can apply to a broad range of schemes to defraud involving the use of “interstate wire communications.” For example, a person could be charged with wire fraud for engaging in acts such as sending a false invoice by email, engaging in insider trading through an online brokerage, or even selling counterfeit items through an online site like Craigslist.

Two of the most common types of wire fraud are:

Telemarketing schemes – When a person uses the phone to try to obtain money or property from others. For instance, if one calls others to solicit money for a fake charity or to obtain their personal financial information, it could constitute wire fraud.
Phishing scams – When a person uses e-mail to get someone else’s personal information, which could, in turn, be used to obtain money or property. For example, a person could send an email to another saying that they have won a $5,000 prize and simply need to send their bank account number for the money to be deposited.

Again, the federal government can – but rarely does – bring a wire fraud charge in isolation. Typically, prosecutors will charge a person with a crime that involved the use of wire communications.

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“My family were referred to Mick Mickelsen by another attorney. From day one we met Mick, we felt he knew what he is doing!! Most of all I appreciate his honesty, diligence, professionalism and his extent knowledge of the law! He is a great attorney with great tactics. What I also appreciated was that he always responded with timely manner, even when I texted him after hours! We won the case and We are grateful to him. Every penny spent on Mick was worth it! Highly recommend Mr. Mickelsen!!!!”
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What Are the Penalties for Wire Fraud?

A federal wire fraud conviction can carry severe penalties. If convicted, a person could be ordered to serve a sentence of up to 20 years in the federal prison system and pay fines of up to $250,000 (for individuals) or $500,000 (for organizations).

If the violation occurred in relation to or involved any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with a presidentially declared major disaster or emergency, or if it affected a financial institution, a person could face a sentence of up to 30 years in a federal penitentiary and a fine of up to $1 million.

Because each instance of wire fraud can be charged separately, the consequences of being convicted could be devastating. For instance, if you are an individual convicted of three counts of wire fraud, you could face up to three times the punishment, or up to 60 years in federal prison and $750,000 in fines.

In addition to these direct consequences, a person convicted of wire fraud will likely face a host of collateral consequences as well, including the loss of career and educational opportunities, and the destruction of a company and a professional reputation that the person may have spent many years building.

Common Federal Wire Fraud Defenses in Dallas

When you work with Broden & Mickelsen, LLP, we will conduct an exhaustive investigation of the wire fraud charges you may face, perform thorough legal research, and explore all defenses available to you. A few of the most commonly raised defenses to a federal wire fraud charge are:

Unlawfully obtained evidence – If the FBI, SEC, DEA, or other federal law enforcement agency conducted a search, seized evidence from you, or obtained a statement in violation of your constitutional rights, that evidence could be suppressed. With evidence excluded, the government’s case may collapse.
Good faith or a lack of intent to defraud – You may have acted with a good faith belief that you were engaged in lawful conduct. For instance, you could have simply been an employee hired to sell products or solicit donations by phone, and you may have had no knowledge that you were helping your boss or the company’s owner further a scheme to defraud others.
Statute of limitations – The wire fraud statute has a five-year statute of limitations. That means the federal government must file the charge against you within five years of the date of the alleged act of wire fraud. If the government has failed to do so, a federal court has no jurisdiction to enter a judgment against you.

Our Dallas Wire Fraud Defense Lawyers Are Ready to Serve You

If you have been charged in Dallas with wire fraud and related offenses, take control of your defense. Contact Broden & Mickelsen, LLP today and allow us to review your case in a free and confidential consultation.

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