Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

What is Wire Fraud and What are the Penalties for Wire Fraud?

Author: Scarinci Hollenbeck, LLC

Date: April 9, 2023

Key Contacts

Back

What is Wire Fraud? Wire fraud is a federal crime that occurs when a person intentionally uses an interstate communications system to defraud someone else out of property, money or anything else of value. To be guilty of this crime, it must be proven that the individual both acted with a deliberate plan to defraud and also that they employed a device or method of interstate communication to carry out the plan. 

Interstate communication is simply communication that involves sending information from one state to another. Interstate communication devices are those that are used to send information from one state to another, such as phones, emails, and other forms of wire transmission. 

TopicDetailsImplications/Consequences
Definition of Wire FraudA federal crime where a person intentionally uses interstate communication to defraud someone out of property, money, etc.Requires proof of deliberate fraud and use of interstate communication. Victim doesn’t need to lose property for crime to occur.
Classification as a Federal CrimeWire fraud is federal if it crosses state/international borders or affects interstate/international commerce.Federal charges are filed where the fraud began or had the most impact, potentially affecting multiple states/countries.
Penalty for IndividualsConviction leads to up to 20 years in prison and a fine of up to $250,000 per count.Harsher punishments due to federal implications. Special implications increase severity: e.g., affecting a financial institution can lead to $1 million fine and up to 30 years in prison.
Penalty for CorporationsIf a representative defrauds using electronic communication, the corporation can be charged.Penalties: fines, restitution, imprisonment for involved individuals, asset forfeiture, business dissolution, limitations, potential civil liability.
Determinants of Actual SentenceFederal judges consider U.S. Sentencing Commission guidelines. Victims have a say during sentencing.Penalties can vary significantly, from no jail time to multiple years in prison. Legal counsel, especially with SEC regulation expertise, is crucial.
Legal RepresentationScarinci Hollenbeck, LLC offers federal criminal defense attorneys.They guide clients through the federal case complexities, protecting their rights and aiming for the best outcome.

What Classifies Wire Fraud as a Federal Crime? 

Wire fraud is deemed a federal crime if involves transmitting data or information across state or international borders or if it affected interstate or international commerce in any way. Consequently, any single case of wire fraud can impact multiple states or countries. Federal charges for wire fraud can be brought against a defendant when it is determined that the fraud has crossed state lines or U.S. borders. These charges are usually filed in the jurisdiction where the fraud was initiated or where it has had the most serious impact. 

What is the Penalty for Wire Fraud?

Because of their far-reaching implications, generally speaking, federal charges come with greater punishments than those issued on a state level. This is because the federal government has the power to bring charges against a defendant who has committed crimes in various jurisdictions, and subsequently can enforce harsher punishments that more accurately reflect the gravity of the offense. 

Under federal law, an individual who is convicted after a trial or who willingly pleads guilty to wire fraud can be sentenced to up to 20 years in prison and fined up to $250,000 for each count of wire fraud. 

Special Implications  

Wire fraud is considered an especially serious crime when it affects a financial institution or is connected to a presidentially declared disaster or emergency. In such cases, the U.S. Department of Justice often takes swift and decisive action to pursue charges of wire fraud, and if convicted, those charged could face significantly increased penalties. The “Reform, Recovery, and Enforcement Act” (FIRREA) permits a maximum fine of $1 million per violation and up to 30 years in prison for anyone who knowingly engages in fraudulent activity concerning a federally insured financial institution.

What is the Penalty for Wire Fraud for Corporations and Companies? 

A corporation or company can be considered to have committed wire fraud if an employee or representative of the company has used electronic communications to defraud an individual or entity out of money or property.  

The potential wire fraud penalties for a company or corporation can include fines, restitution, and prison time for any individuals responsible for these acts. Other penalties that can be imposed on the company include forfeiture of assets, dissolution of the business, and limitations on future business activities. The court can impose additional penalties as well, such as ordering the company to pay restitution to victims of fraud or requiring an internal compliance program to monitor future activities. In addition, companies can also face civil liability for wire fraud, meaning they could be sued by victims and ordered to pay damages in a civil court. 

What Determines the Actual Sentence?  

When determining the penalty for wire fraud, it ultimately comes down to the judge. Federal judges have much less leeway than their state counterparts and must consider guidelines from the U.S. Sentencing Commission. If any victims were involved, they will also be able allowed to weigh in during the sentencing hearing.  

The punishment for wire fraud can vary greatly, with some individuals receiving no jail time, even as others receive sentences of multiple years in prison. To help ensure the best outcome possible, it is advisable to consult a lawyer with experience in SEC regulations. This will guarantee that any legal advice received will, help you make informed decisions concerning your case. 

Protect Your Interests and Fight for Your Rights in the Courtroom 

At Scarinci Hollenbeck, LLC, we have experienced federal criminal defense attorneys who are dedicated to protecting your legal rights and achieving the best possible outcome. We can guide you through the criminal justice process and help you navigate the complexities of a federal case. Get in touch with us today for the representation you need.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments post image

New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]

Author: Wendy Rubinstein Quiroga

Link to post with title - "New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments"
“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy post image

“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]

Author: Sean M. Pena

Link to post with title - "“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy"
Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders post image

Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]

Author: Nicholas Wall

Link to post with title - "Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders"
Navigating Disputes: Hire a Partnership Dispute Lawyer post image

Navigating Disputes: Hire a Partnership Dispute Lawyer

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]

Author: Jay McDaniel

Link to post with title - "Navigating Disputes: Hire a Partnership Dispute Lawyer"
Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know post image

Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]

Author: John D. Giampolo

Link to post with title - "Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know"
Zoning Laws Explained: What You Need to Know Before Buying Property post image

Zoning Laws Explained: What You Need to Know Before Buying Property

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]

Author: Wendy Rubinstein Quiroga

Link to post with title - "Zoning Laws Explained: What You Need to Know Before Buying Property"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!