If you live in New York and the government has served you with federal wire fraud charges, you may be wondering precisely what the government says that you did wrong. In order to prove their case, the government will have to prove that you have four different things.
Defraud another person
The first element that the government needs to prove is that you had the intent to defraud someone out of their property. This part of the law means money most of the time, but it can be other property, such as cars, land, or anything else.
The government also must prove that you knew that it was wrong from the beginning and carried out the plan anyway. When the case goes to court, the government will have to present evidence that is sufficient to show the judge that you acted on purpose to remove someone of their property or money.
For the government to win their case, they will have to prove that a reasonable person would have expected that the person being defrauded would lose their money or their property. The law does not require that a specific means be used. For example, the person may not foresee if the person will wire money or buy gift cards and give you the PIN on those cards.
Used interstate wire communications
Wire fraud can be carried out in several ways. The government will contend that you used the Internet, phone, fax machine or even television transmissions to take the property, including money, from the individual, and you may need a white collar crimes attorney to defend yourself against these claims.
If the government has charged you with wire fraud, you may need a lawyer who can argue cases in federal court. These lawyers often must take special classes, fill out additional paperwork or be recommended by their peers after passing their state bar exam.