Wire fraud occurs when an individual makes a false representation or promise using an electronic communication, with the intention of obtaining money, property, or services from another individual or entity. The offense can occur through the internet, email, television, telephone, or radio. Computer devices are deemed to affect interstate commerce which gives the federal government jurisdiction to prosecute.

Many think fraud is a relatively harmless form of white-collar crime, but the criminal penalties are harsh. These include:

• Fines up to $1 million

• Imprisonment up to 20 years

• A multi-year term of supervised release

• The loss of federal benefits for a period of time

• The loss of the right to vote

• The loss of the right to possess a firearm

The severity of the penalties depend upon the amount of loss caused by the fraudulent scheme. But the loss amount for sentencing purposes is usually higher than the actual loss involved. That is because the United States Sentencing Guidelines instruct courts to sentence defendants based upon the “intended loss,” if it is higher than the actual loss. This is where experienced legal counsel is needed. Because the Government invariably argues an intended-loss figure that greatly exceeds the actual loss suffered by the victim. The Fifth Circuit, for instance, has upheld intended-loss figures well into the millions when the actual loss figure was less than six figures. The Sentencing Guidelines also prescribe enhancements to a defendant’s Base Offense Level that increase the advisory Guideline Imprisonment Range. Those enhancement very often need to be litigated to provide the defendant the best-possible position going into a sentencing hearing. Read our information about federal sentencing proceedings.