Experienced Shreveport Wire Fraud Attorney Representing Clients Throughout Louisiana
Wire fraud can carry steep penalties under Louisiana and federal law. The state and federal wire fraud statutes are both very broad—allowing for prosecution in a wide range of circumstances—and this makes it critical to engage an experienced Shreveport wire fraud attorney as soon as you find out that you are under investigation or facing charges.
In many cases, targets facing wire fraud charges will also face other serious charges. Attorney Lee Harville draws on decades of experience to defend clients facing wire fraud and other white-collar crimes. Once you get in touch, Lee will be able to get started on your case right away, and he will do everything he can to protect you under the circumstances at hand.
Defense Counsel for State and Federal Wire Fraud Charges
Lee handles wire fraud cases at the state and federal levels. While there are similarities between Louisiana’s wire fraud statute and the corresponding provisions of the U.S. Code, state and federal cases differ significantly. From the relevant court procedures to the prosecutors involved, avoiding unnecessary consequences requires intimate familiarity with all aspects of your case.
With this in mind, here is an introduction to what you need to know:
State Criminal Cases Involving Wire Fraud Allegations
The primary statute that applies in state wire fraud cases is Section 14:70.8 of the Louisiana Revised Statutes. Under Section 14:70.8, state prosecutors can pursue charges against anyone who:
“[W]ith intent to defraud either transmits, attempts to transmit, causes to be transmitted, solicits a transmission, or receives a transmission, by wire or radio signal, any stolen or fraudulently obtained monetary funds . . . .”
With this in mind, in state cases, wire fraud and bank fraud charges often go hand in hand. Similar to state bank fraud charges, state wire fraud charges carry a maximum fine of $100,000 and up to 10 years’ imprisonment.
Federal Criminal Cases Involving Wire Fraud Allegations
At the federal level, the crime of wire fraud is defined in 18 U.S.C. Section 1343. Section 1343 allows the U.S. Department of Justice (DOJ) to pursue federal charges against anyone who:
“[H]aving devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses . . . causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice . . . .”
The federal wire fraud statute is significantly broader than Section 14:70.8 of the Louisiana Revised Statutes. While Section 14:70.8 applies only in cases involving the transmission (or attempted transmission) of illicit funds, Section 1343 applies in cases involving all types of fraudulent practices and schemes. From cases involving investment scams to cases involving healthcare fraud and income tax fraud, federal prosecutors can pursue wire fraud charges in numerous circumstances where Louisiana’s wire fraud statute would not apply.
Asserting an Effective Defense Requires Experienced Legal Representation
While state and federal prosecutors can pursue wire fraud charges in various circumstances, there are also several potential defenses to these charges in both state and federal cases. After examining the details of your case, Shreveport wire fraud attorney Lee Harville will be able to determine which of these defenses he can assert on your behalf. Some examples of potential defenses include:
- Lack of Intent – Intent is a key element of the prosecution’s case in both state and federal wire fraud cases. If prosecutors cannot prove that you intended to commit fraud, then a conviction is not warranted.
- No Scheme or Artifice to Defraud – Likewise, if prosecutors cannot prove that you were engaged in (or attempting to engage in) a scheme or artifice to defraud, a conviction is unwarranted in this scenario as well.
- Mistaken Identity, Entrapment and Other Issues – Mistaken identity, entrapment, and other issues with the prosecution’s case can make clear that a conviction is unwarranted—or at least raise questions about whether you deserve to be convicted.
- Constitutional Violations – If investigators or federal agents violated your constitutional rights when building their case against you, you may have grounds to argue that the prosecution’s evidence should be kept out of court.
- Prosecutors’ Burden of Proof – Regardless of the circumstances of your case, the burden of proof rests with the prosecution. If prosecutors cannot meet their burden of proof, you are entitled to an acquittal.
Regardless of the defenses you have available, it will be important to prepare a well-reasoned defense to help persuade the prosecutors, the judge, or even the jury that the government cannot prove you are guilty. Shreveport wire fraud attorney Lee Harville can help, but it is important that you schedule a consultation to get started on your case right away.
FAQs: Understanding Your Wire Fraud Case in Louisiana
Is wire fraud a state or federal crime?
Both state and federal prosecutors can pursue wire fraud charges in Louisiana. If you are unsure whether your case is state or federal in nature, Shreveport wire fraud attorney Lee Harville can help.
What must the prosecution prove to convict me?
To secure a wire fraud conviction, prosecutors must be able to prove each element of the offense beyond a reasonable doubt. If your defense attorney can expose any issues with the prosecution’s case, this could be enough to avoid a conviction.
Should I talk to federal agents if they show up at my door?
If federal agents show up at your door, you should politely but firmly state that you are asserting your right to legal counsel. Then, you should contact an experienced Shreveport wire fraud attorney right away.
Discuss Your Case with an Experienced Shreveport Wire Fraud Attorney in Confidence
To discuss your case with Shreveport wire fraud attorney Lee Harville, call us at 318-222-1700 or contact us online now. Once you get in touch, we will arrange for you to speak with Lee in strict confidence as soon as possible.