Federal Wire Fraud Charges in New Jersey

Federal Wire Fraud Charge in New Jersey

Facing Federal Wire Fraud Charges? Understand the Stakes and Secure Your Defense

Wire fraud is a serious federal offense that can have devastating consequences, including substantial prison time, hefty fines, and a lasting impact on your reputation and future. If you or someone you know is facing wire fraud charges in New Jersey, it’s crucial to seek immediate legal representation from an experienced attorney who understands the complexities of federal law and can build a strong defense strategy.

Brett M. Rosen, Esq., a seasoned criminal defense attorney with a proven track record in both state and federal courts, is dedicated to providing aggressive and strategic representation to those accused of wire fraud. He understands the gravity of these charges and will fight tirelessly to protect your rights and freedom.

Understanding Wire Fraud

Wire fraud, as defined in 18 U.S. Code § 1343, is a federal crime that involves using electronic communications, such as phone calls, emails, or faxes, to carry out a scheme to defraud someone of money or property. The key elements of wire fraud are:

1. A Scheme to Defraud: The prosecution must prove that there was a plan or scheme to deceive someone for financial gain or to cause them financial loss.
2. Intent to Defraud: The prosecution must demonstrate that you acted with the specific intent to defraud, meaning you knew your actions were deceptive and intended to cause harm.
3. Use of Interstate Wires: The scheme must have involved the use of interstate wire communications, such as phone lines, the internet, or television. This is what brings the offense under federal jurisdiction.

Examples of Wire Fraud

Wire fraud can take many forms, including:

• Telemarketing scams: Using phone calls or emails to deceive people into sending money for fake products or services.
• Investment fraud: Misrepresenting investment opportunities or using Ponzi schemes to defraud investors.
• Internet fraud: Using websites or online platforms to conduct fraudulent schemes, such as phishing scams or online auction fraud.
• Bank fraud: Using electronic communications to defraud banks or financial institutions.
• Healthcare fraud: Submitting false claims to insurance companies or Medicare using electronic communications.

Penalties for Wire Fraud

The penalties for wire fraud can be severe, depending on the amount of money involved and other factors:

• Imprisonment: Up to 20 years in federal prison.
• Fines: Up to $250,000, or double the amount of gain or loss involved in the scheme, whichever is greater.
• Restitution: You may be ordered to pay restitution to the victims to compensate them for their losses.
• Forfeiture of assets: The government can seize any assets that were obtained through the wire fraud scheme.

Enhanced Penalties:

The penalties for wire fraud can be enhanced if the offense:

• Affects a financial institution: If the wire fraud targeted a bank or other financial institution, the maximum prison sentence can be increased to 30 years, and the maximum fine can be increased to $1 million.
• Is connected to a major disaster or emergency: If the wire fraud is related to a presidentially declared major disaster or emergency, such as a hurricane or terrorist attack, the maximum prison sentence can also be increased to 30 years.

Why Choose Brett M. Rosen, Esq. as Your Wire Fraud Attorney

Facing wire fraud charges in New Jersey can be a complex and daunting experience. Brett M. Rosen, Esq., has extensive experience in defending clients against federal charges, including white-collar crimes like wire fraud. He understands the intricacies of federal law and the aggressive tactics employed by prosecutors.

Here’s why you should choose Brett M. Rosen, Esq., to represent you:

• Extensive Experience in Federal Criminal Defense: We have a proven track record of success in defending clients against a wide range of federal charges, including wire fraud, mail fraud, and other white-collar crimes.
• In-Depth Knowledge of Federal Law and Procedure: We understand the complexities of federal criminal law and the procedures involved in federal court. We will use this knowledge to build a strong defense strategy tailored to your case.
• Meticulous Case Analysis & Strategic Defense: We’ll thoroughly analyze the evidence against you, scrutinize the government’s investigation, and identify any potential weaknesses or violations of your rights.
• Aggressive Advocacy: We are committed to fighting for your rights and challenging the prosecution’s case at every turn. We will work tirelessly to achieve the best possible outcome, whether that’s a dismissal of charges, a reduction in penalties, or a favorable plea bargain.
• Client-Focused Approach: We understand that facing federal charges can be stressful and overwhelming. We prioritize open communication, personalized attention, and ensuring our clients feel informed and empowered throughout their case.

Potential Defenses Against Wire Fraud Charges

Building a strong defense against wire fraud charges requires a thorough understanding of the law, meticulous investigation, and strategic legal maneuvering. Attorney Rosen will employ every available resource to protect your rights and freedom. Some potential defenses include:

• Lack of Intent: The prosecution must prove that you acted with the specific intent to defraud. If you can show that you did not intend to deceive anyone or that your actions were not intended to cause financial harm, it may be a defense. This could involve demonstrating that you made an honest mistake, that you were acting in good faith, or that you were misled by others.
• Good Faith: If you genuinely believed that your actions were lawful and legitimate, it may be a defense. This defense focuses on your subjective belief at the time of the alleged offense.
• Lack of Reliance: The prosecution must prove that the alleged victim relied on your deceptive statements or conduct and suffered a financial loss as a result. If you can show that the victim did not rely on your representations or that they would have suffered the loss regardless of your actions, it may weaken the prosecution’s case.
• Insufficient Evidence: The prosecution must present sufficient evidence to prove all elements of the offense beyond a reasonable doubt. Attorney Rosen can challenge the sufficiency of the evidence, arguing that there is no proof of a scheme to defraud, intent to defraud, or use of interstate wires.
• Entrapment: If you were induced or coerced into committing wire fraud by law enforcement, this could serve as a defense. This defense is often complex and requires demonstrating that you were not predisposed to commit the crime before the government’s involvement.
• Constitutional Violations: If your rights were violated during the investigation or arrest, such as illegal search and seizure or lack of Miranda warnings, Attorney Rosen can file motions to suppress any evidence obtained illegally. This can significantly weaken the prosecution’s case and potentially lead to a dismissal of the charges.

FAQs About Wire Fraud Charges in New Jersey

1. What is the difference between wire fraud and mail fraud?

   Both involve schemes to defraud, but wire fraud uses electronic communications, while mail fraud uses the U.S. Postal Service.

2. Can I be charged with wire fraud even if the victim is in another state?

   Yes, wire fraud is a federal offense, so jurisdiction is based on the use of interstate wires, not the victim’s location.

3. What if I didn’t personally benefit from the fraud?

   You can still be charged if you knowingly participated in the scheme, even if someone else benefited.

4. What should I do if I’m contacted by the FBI or other federal agents about a potential wire fraud investigation?

   Contact an attorney immediately. Do not speak to law enforcement without legal counsel present.

5. Can a wire fraud charge be reduced or dismissed?

   The possibility of a reduction or dismissal depends on the specifics of your case and the strength of the evidence. An attorney can assess your situation and explore all options.

Additional FAQs:

• What is the role of the grand jury in a wire fraud case?
  • In federal cases, including wire fraud, a grand jury plays a crucial role in determining whether to bring formal charges. It’s a group of citizens who hear evidence presented by the prosecutor to decide if there’s enough evidence (probable cause) to issue an indictment. If the grand jury indicts, the case moves forward.
• What are the potential sentencing guidelines for wire fraud?
  • Federal courts use Sentencing Guidelines, a complex system that considers factors like the amount of loss, your role in the offense, and your criminal history to calculate a recommended sentencing range.
• Can a wire fraud conviction affect my professional licenses?

  • Yes, a wire fraud conviction can have serious consequences for your professional licenses, especially in fields that require:

    • Trust and honesty: Law, finance, healthcare, education, etc.
    • Background checks: Many licensing boards conduct background checks and may take disciplinary action based on a conviction.

• What are the potential immigration consequences of a wire fraud conviction?

  • For non-U.S. citizens, a wire fraud conviction can have severe immigration consequences, including:

    • Deportation: Wire fraud is often considered an “aggravated felony” under immigration law, making you subject to mandatory deportation.
    • Inadmissibility: It can bar you from entering or re-entering the U.S.
    • Denial of naturalization: It can hinder your ability to become a citizen.

• What should I expect at my first court appearance for a wire fraud charge?

  • Your first appearance is typically an arraignment where:

    • The judge will inform you of the charges and your rights.
    • You’ll enter a plea (guilty, not guilty).
    • The judge may address bail and set conditions for your release.

    Having an attorney present at your arraignment is crucial. We’ll ensure your rights are protected and guide you on how to proceed.

Don’t Face a Wire Fraud Charge in New Jersey Alone!

Wire fraud is a serious federal offense with potentially severe consequences. If you’re facing these charges in New Jersey, don’t navigate the legal system alone. Contact Brett M. Rosen, Esq., today for a free consultation. He will provide you with the experienced and dedicated representation you need to protect your rights and achieve the best possible outcome.

908-312-0368 & brett@nynjcriminalcivilesq.com

Remember: Your future is at stake. Take action today and let us help you navigate the complexities of federal law and protect your freedom.