Miami Criminal Attorney
We Defend the Bill of Rights
One Case at a Time® since 1974.
Free Consultation 305.670.9919 En Español

Defining Wire Fraud

WhiteCollar3

Although many people are aware of the term “wire fraud,” few are aware of how broad the definition of this offense really is. Unfortunately, this means that many people are unfairly accused of committing wire fraud, which can be charged in both state and federal court, making it especially important for these individuals to speak with an experienced white collar crime attorney who can help them begin formulating a strong defense.

The Florida Communications Fraud Act 

Both federal and state law specifically prohibit wire fraud in Florida, which is defined as communicating by mail, wire, or radio to defraud one or more persons. What qualifies as communication is also construed broadly to include transmitting, transferring, or causing someone else to transmit or transfer any of the following:

  • Signs;
  • Signals;
  • Writing;
  • Images;
  • Sounds;
  • Data; or
  • Intelligence of any nature.

Under this law, using electronics, such as computers, the internet, or phones to transmit this type of information is unlawful if the person did so with the intent to engage in a scheme to defraud. This includes any ongoing course of conduct undertaken with the intent to defraud someone else or to obtain property by false or fraudulent pretenses or willful misrepresentations of a future act. The latter includes real property, as well as tangible or intangible personal property, such as rights, privileges, interests, and services.

Penalties 

The severity of the sentences of those who are convicted of wire fraud depends on the value of the property in question. If, for example, the value of the property obtained was worth less than $300, a defendant would face a first degree misdemeanor, which is punishable by up to a year in prison. However, if the value exceeds $300, a defendant can expect to face the consequences of a third degree felony conviction, which could be as severe as five years imprisonment and a $5,000 fine. It’s also important to keep in mind that prosecutors are permitted to add up the value of all of the property unlawfully obtained, even if they were allegedly collected from multiple parties, as long as they were obtained using a single scheme to defraud.

Statute of Limitations  

Under Florida law, a person cannot be charged with wire fraud if five or more years have passed since the alleged offense actually occurred. However, this period of limitation doesn’t count when a defendant is:

  • Continuously absent from the state; or
  • Without a reasonably ascertainable residence or place of work in the state.

Even in these cases, the five year statute of limitations cannot be extended by more than a year.

The Legal Representation You Deserve  

Being charged with a crime can be an emotionally, physically, and financially taxing experience that no one should have to go through alone. To learn more about your own legal options and possible defenses to a wire fraud charge, please call dedicated white collar crime lawyer Jeffrey S. Weiner, P.A. at 305-670-9919 today. And remember, initial consultations are conducted free of charge, so please don’t hesitate to call or contact our legal team online.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0817/Sections/0817.034.html

Facebook Twitter LinkedIn Google Plus
Miami Criminal Attorneys

9130 South Dadeland Blvd
Miami, Florida 33156

Telephone: 305-670-9919
Fax: 305-670-9299
Email:lawfirm@jeffweiner.com

Miami Abogado Criminal Jeffrey S. Weiner website - Delitos de Negocios, Delitos de Drogas y Apelaciones

  • Facebook
  • Twitter
  • Linked In
  • Instagram

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

No content on this site may be reused in any fashion without written permission from www.jeffweiner.com

We Defend the Bill of Rights
One Case at a Time® since 1974.
MileMark Media - Practice Growth Solutions

© 2017 Jeffrey S. Weiner, P.A. Attorney at Law. All rights reserved.
This law firm website is managed by MileMark Media.

Contact Form Tab