Q: I’ve been charged with federal wire fraud. What am I facing?
A: Wire fraud under 18 U.S.C. § 1343 is one of the most commonly charged federal offenses. It carries a maximum sentence of 20 years in prison per count, or 30 years if the fraud involves a financial institution. Understanding the scope of this charge is critical.
What Constitutes Wire Fraud
Wire fraud requires a scheme to defraud, intent to defraud, and the use of interstate wire communications (phone, email, internet, text messages) in furtherance of the scheme. Because virtually all modern business involves electronic communications, prosecutors can attach wire fraud charges to almost any alleged scheme.
Sentencing Exposure
The federal sentencing guidelines for wire fraud are driven primarily by the loss amount. The proposed 2026 inflation adjustments could affect the loss table thresholds. Additional enhancements can apply for sophisticated means, large numbers of victims, abuse of trust, and other factors. Restitution is typically mandatory.
Common Wire Fraud Cases in North Carolina
Business fraud schemes, COVID relief fraud, healthcare fraud, investment scams, government contract fraud, and identity theft-related schemes are frequently prosecuted as wire fraud in North Carolina’s federal courts.
Defense Strategies
Wire fraud defenses often focus on the absence of fraudulent intent, challenging the loss calculation, arguing that the defendant’s conduct does not constitute a “scheme to defraud,” and leveraging the Supreme Court’s recent narrowing of fraud statutes.
Related Practice Areas
Federal Criminal Defense | White Collar Crimes | The Chetson Firm
This post is for informational purposes only and does not constitute legal advice. Contact The Chetson Firm at (919) 352-9411.