Experienced Shreveport Wire Fraud Attorney

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

An effective defense begins with understanding what federal prosecutors must actually prove. When it comes to a wire fraud charge, the government must prove more than a business deal failing or an inaccurate statement. A successful prosecution must show beyond a reasonable doubt that a scheme to defraud existed, meaning there was a plan to obtain money or property by deception. This is an intentional act, which means evidence that you were simply involved in a business deal that went badly isn’t enough to convict you of a crime.

Federal prosecutors must also prove that interstate or foreign wire communications were used to further the alleged scheme, as this is what makes a fraudulent act wire fraud. The government will have to rely on emails, text messages, phone calls, online banking transactions, or other electronic communications to make its case. Importantly, the law doesn’t require the government to prove that you personally sent the communication, only that certain wire transmissions were used as part of the alleged scheme. Likewise, a conviction doesn’t hinge on whether anyone actually lost money or was successfully deceived. A person can still face a wire fraud conviction even if the intended victim discovered the alleged fraud before suffering a loss.

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.
• Constructive Fraud: Showing that the evidence reflects a misunderstanding, mistake, or civil dispute rather than an intentional effort to commit fraud.
• Lack of Authority: Demonstrating that unauthorized employees acted outside the scope of their authority without your knowledge, approval, or direction.
• Lack of Purpose: Arguing that the alleged wire communication was not sent to further or execute a fraudulent scheme as required by federal law.

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.

An Overview of Wire Fraud Scams

Federal wire fraud charges can arise from many different types of communications and financial transactions. The common thread is the alleged use of electronic communications to further a scheme to obtain something valuable through the use of deception. As technology has evolved, prosecutors have applied the federal wire fraud statute to a wide range of online activities.

One common example involves phishing scams. In these cases, someone sends emails that appear to come from a trusted source to obtain passwords, banking information, or other sensitive data. Prosecutors also frequently pursue cases involving spam emails, telemarketing calls, and text messages that allegedly make false promises or deceptive representations to persuade recipients to send money.

Wire fraud charges also stem from fraudulent billing practices involving federal government benefit programs. These cases often involve allegations that a business or individual knowingly submitted false claims or inaccurate certifications electronically in an effort to obtain funds they aren’t entitled to.

Online marketplaces have also created new opportunities for wire fraud investigations. Federal prosecutors may pursue charges when someone allegedly advertises products or services online, accepts payment electronically, and intentionally fails to deliver the promised goods. In these cases, it’s especially important to differentiate between poor customer service and an attempt to defraud someone.

The Stages of Prosecution in Wire Fraud Cases

While no two cases are exactly alike, there is a general process that you can expect to face in a wire charge prosecution.

Federal Investigation

Most wire fraud cases begin with a lengthy federal investigation rather than an immediate arrest. Unlike some offenses where the accused is caught in the act, these cases usually begin with an investigation by agencies such as the FBI, the Secret Service, and the Internal Revenue Service Criminal Investigation. These investigators will review mountains of documentation, from communications to bank records, in order to determine if a fraud was perpetrated.

Grand Jury Proceedings

If federal prosecutors believe sufficient evidence exists, they typically present the case to a federal grand jury. The grand jury’s role is not to determine whether you are guilty. Instead, it decides whether probable cause exists to believe that a federal crime was committed. Prosecutors present documents, witness testimony, and other evidence, and if the grand jury finds probable cause, it returns an indictment that formally charges the defendant. In some cases, individuals or businesses may also receive grand jury subpoenas requiring them to produce records or testify as part of the investigation.

Criminal Trial

After an indictment, the case proceeds through the federal court system. The parties exchange evidence during discovery, attorneys file pretrial motions, and plea negotiations may occur if appropriate. If the case isn’t dismissed or doesn’t resolve through a plea agreement, going to trial is the final step in the process.

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.