The most common misunderstanding first
and foremost about wire fraud charges is
that once the government brings a wire
fraud charge, there are very few
defenses that you are essentially done
for that you have to start negotiating a
plea immediately because there are so
many ways to use the wires. There are so
many different types. text messages,
emails, everything that we do on a daily
basis. This is one element of the crime.
So people say, “Oh, I sent an email. I’m
charged with wire fraud. They’ve got
me.” But there are other elements there.
And the one element of wire fraud that
is a very large focus and maybe the most
common, I don’t know if I would say
misconception, but the one that is
overlooked the most is the intent to
defraud. The government has to prove
beyond a reasonable doubt an intent to
defraud. So it’s not just that someone
sent an electronic communication
across state lines or international
boundaries that caused somebody to
depart or deprive them some sort of
material loss or property. There has to
be an actual knowing intent to do so.
And there are many defenses to that. So,
a lot of times people with wire fraud
feel like once the charge comes, they’re
out of luck because yes, they did send
this text message and the government is
calling it illegal. But there are
several defenses to wire fraud,
including good faith, mistake of fact,
and lack of intent, non-materialness,
non-materiality of the actual conduct
itself or the goal of the conduct. So, I
think people too often forget that there
are various defenses to wire fraud and
that because it’s wire fraud and because
you’re looking at 20 years and because
they hear it all over the news that
they’re without hope and without
recourse. And that’s simply not the
case.