Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

What is Wire Fraud, and What is the Statute of Limitations for Wire Fraud?

Author: Scarinci Hollenbeck, LLC

Date: March 1, 2023

Key Contacts

Back

Wire fraud is a serious offense with long-lasting consequences for businesses and individuals. Understanding the legal ramifications of wire fraud is crucial for anyone suspected of committing the crime. This article will discuss wire fraud and the applicable statute of limitations.

What Is the Wire Fraud Statute of Limitations?

A statute of limitations is a law that establishes the maximum amount of time that a party has to initiate legal proceedings from the date of an alleged civil or criminal offense. 

Wire fraud is the dishonest use of electronic transmission to defraud a victim. This includes via the telephone, internet, or radio. Often, wire fraud involves the use of wire communications for the purpose of convincing a person to send money under pretenses.

Wire Fraud Statute of Limitations Variation

Wire fraud charges have become increasingly prevalent as more people rely on the internet to find investment opportunities or market financial products. A wire fraud charge usually includes accusations of deliberate deception with the intent of unlawful gain that occurs via some form of telecommunication.

The statute of limitations for wire fraud varies based on the involvement of a financial institution. Usually, the statute of limitations for wire fraud is five years. In financial institution fraud cases, the statute of limitations is extended to 10 years.

Types Wire Fraud

Typical wire fraud-related cons to watch out for include:

  • Advance-fee scams: The perpetrator uses email to defraud an unsuspecting victim. They offer to pay handsomely for a favor so long as the victim first wires them an advance fee.
  • Phishing: The perpetrator of phishing sends emails to entice the recipient into divulging sensitive information. For instance, an email notifies the recipient that their account password has expired, and they must reset it via a website that resembles the recipient’s bank website, allowing the scammer to steal the passwords to the legitimate site.
  • Hiring fraud: These typically target job seekers, with fraudsters offering them lucrative positions. In addition to requesting application processing fees, the criminals may also steal sensitive information such as Social Security numbers and birthdays.

Penalties for the Offense

The penalties for wire fraud depend on the nature of the offense. Individuals who commit wire fraud face a maximum of twenty years in prison and a $250,000 fine. The maximum penalties in cases involving financial institutions are 30 years in prison and a $1 million fine.

Proof of Guilt

The prosecution needs to prove that the defendant intended to defraud someone of property or money. Essential elements of the case include the defendant’s participation in a fraud scheme and sending false information to the victim through the wires either in interstate commerce or internationally.

Even if the defendant insists that they did not know the wire communication’s fraudulent use, prosecutors may still have a case if they can prove that the defendant sent a wire transmission that it was reasonable to assume was for fraudulent use.

Defense Strategies

Lack of intent or authority is a possible defense strategy for a wire fraud charge. If a defendant has evidence to support their claim that they did not intend to defraud anyone, they may be able to avoid a conviction.

In some instances, a defense strategy may consist of a lack of authority. For example, if employees send supervisor-requested emails containing fraudulent content without realizing it, they should have a strong defense.

Getting Started

Wire fraud is a serious federal offense; you could face significant penalties if convicted. If you have been charged with committing wire fraud, you need to retain an attorney as soon as possible. The SH-Law team has an in-depth understanding of wire fraud charges. Our combined legal proficiency, sharp and imaginative insight, and unrelenting efforts produce results that consistently surpass our client’s expectations.  Get in touch with us today for more information.

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
IP Infringement: What Steps Can You Take If You're Affected? post image

IP Infringement: What Steps Can You Take If You're Affected?

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]

Author: Michael Mietlicki

Link to post with title - "IP Infringement: What Steps Can You Take If You're Affected?"
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next post image

Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]

Author: Sean M. Pena

Link to post with title - "Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next"
BESS Interconnection: Managing Grid, Cost, and Schedule Risk post image

BESS Interconnection: Managing Grid, Cost, and Schedule Risk

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]

Author: Nicholas Wall

Link to post with title - "BESS Interconnection: Managing Grid, Cost, and Schedule Risk"
Navigating Director and Officer Liability in Times of Financial Distress post image

Navigating Director and Officer Liability in Times of Financial Distress

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]

Author: Michael Mietlicki

Link to post with title - "Navigating Director and Officer Liability in Times of Financial Distress"
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey post image

Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]

Author: Nicholas Wall

Link to post with title - "Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey"
What Business Owners Get Wrong Before Meeting a Litigation Attorney post image

What Business Owners Get Wrong Before Meeting a Litigation Attorney

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]

Author: Michael Mietlicki

Link to post with title - "What Business Owners Get Wrong Before Meeting a Litigation Attorney"

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!