Legal Defenses To Federal Wire Fraud Charges

If you or a loved one has been contacted by federal investigators or charged with wire fraud, you’re likely overwhelmed — and unsure of what’s coming next as a Tampa, FL wire fraud lawyer who has been rated by Super Lawyers knows all too well. These charges can feel intimidating, especially because they’re prosecuted at the federal level, where penalties are serious and the stakes are high.

But just because you’re accused doesn’t mean you’re guilty. There are defenses available against federal penalties for wire fraud, and a knowledgeable federal criminal defense attorney can help you understand your rights, challenge the government’s case, and fight for your future.

What Is Wire Fraud?

Under 18 U.S.C. § 1343, wire fraud involves using interstate electronic communications — like phone calls, emails, text messages, or even social media — to carry out a scheme to defraud someone of money or property.

To convict you, the government must prove:

  1. You knowingly created or participated in a scheme to defraud,
  2. You intended to defraud the victim(s),
  3. You used interstate wire communications (like email, phone, or internet), and
  4. The communications were used in furtherance of the scheme.

Because wire fraud is broad, it’s often charged alongside other crimes like mail fraud, conspiracy, or securities fraud.

Legal Defenses To Wire Fraud

While every case is unique, the following are some of the most effective defenses against federal wire fraud charges:

1. Lack Of Intent To Defraud

Wire fraud is a specific intent crime—meaning the government must prove you acted with the purpose to deceive and defraud. If you believed what you were saying was true, or if it was a misunderstanding or business mistake, that may be a strong defense.

Example: You made exaggerated marketing claims, but genuinely believed in the product’s effectiveness.

2. No Scheme To Defraud

The prosecution must prove there was an actual scheme designed to trick someone into giving up money or property. If your conduct was sloppy or unethical—but not deceptive—it may not rise to the level of criminal fraud.

3. Lack Of Wire Communications

If no electronic communication was used (or not in interstate commerce), the wire fraud statute may not apply. This defense can be technical, but in some cases, the method of communication matters.

4. Entrapment Or Government Misconduct

In rare cases, individuals are drawn into questionable conduct due to government pressure or undercover tactics. If you were coerced or manipulated by investigators, your attorney may raise an entrapment defense.

5. Insufficient Evidence

The government bears the burden of proof. If their evidence is based on assumptions, unclear timelines, or unreliable witnesses, your defense attorney can challenge the strength of their case.

Why You Need An Experienced Federal Defense Lawyer

Wire fraud is prosecuted by federal agencies like the FBI, IRS, or U.S. Attorney’s Office. These cases often involve:

  • Subpoenaed emails and bank records
  • Complex financial transactions
  • Multiple defendants or conspiracy charges

Having an experienced federal defense attorney can make the difference between a prison sentence and a favorable outcome against penalties for wire fraud. Your lawyer will investigate the facts, challenge the government’s narrative, and negotiate for dismissal, reduction, or acquittal.

Facing Federal Wire Fraud Charges? We Can Help.

At Stechschulte Nell, we defend clients in complex white-collar cases — including federal wire fraud, conspiracy, and financial crimes. We understand the pressure you’re under — and we’re ready to fight for your freedom, your business, and your future as our 10.0 Avvo rating demonstrates. Contact us today for help.

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