Why prosecutors reach for wire fraud
Federal prosecutors use wire fraud for deception schemes aimed at money or property that depend on interstate communications, such as emails, calls, or electronic transfers. Because nearly every modern transaction touches a wire, the charge appears in cases ranging from investment schemes to procurement disputes and romance scams. Each separate use of a wire can be charged as its own count. The Supreme Court has in recent years narrowed some theories of wire fraud while upholding others, so the government's specific theory deserves close review. Intent to defraud, as opposed to a broken promise or a business deal gone bad, is usually the heart of the defense.
After the charges are filed
Following the initial appearance, conditions of release usually govern your travel, your finances, and your contact with others, and they need to be followed precisely. The government often seeks forfeiture of property tied to the alleged scheme, sometimes restraining accounts early in the case. Do not contact alleged victims, co-defendants, or witnesses about the case, including to offer repayment. Gather documents that show what you believed at the time, such as contracts, internal discussions, and records of advice you received from accountants or lawyers. Turn them over to your counsel rather than sharing them with anyone else.
Shaping a defense strategy
Our early review focuses on the indictment, the discovery the government produces, and how the alleged loss is calculated, since loss often drives the federal sentencing guidelines. We look at whether your statements were actually false, whether you believed them, and whether the alleged scheme truly targeted money or property. Motions may challenge the charges or the evidence before trial. Negotiation and trial preparation can proceed at the same time, and the choice between them stays with you. If you are a non-citizen or hold a professional license, those consequences are considered from the outset.
