In today’s fast-paced business world, communications happen instantly—emails, texts, wire transfers, digital contracts. But what many executives, entrepreneurs, and professionals don’t realize is that these everyday transactions can be the foundation of a serious criminal charge: wire fraud.
If you are facing accusations of wire fraud in connection with a business deal, it’s critical to understand what’s at stake—and how a strategic defense can make all the difference. At Simmons & Wagner, we are dedicated to protecting your rights and helping you navigate these complex allegations.
What Is Wire Fraud?
Wire fraud is a federal crime that involves using electronic communications—such as emails, phone calls, or wire transfers—as part of a scheme to defraud someone of money, property, or honest services.
To convict someone of wire fraud, the government must prove:
- There was a scheme to defraud.
- You intended to defraud.
- You used interstate wire communications (phone, internet, bank transfers, etc.) in furtherance of the scheme.
Importantly, you don’t have to succeed in the scheme—the attempt alone can trigger wire fraud charges.
Why Is Wire Fraud Commonly Charged Alongside Business Fraud?
Wire fraud is one of the government’s favorite tools because it is broad and flexible.
Any business deal involving emails, wire transfers, or phone calls across state lines—or even within the same state but using interstate communication networks—can potentially trigger federal jurisdiction.
Common scenarios include:
- Alleged misrepresentations during investment deals
- False promises during mergers or acquisitions
- Inaccurate information sent to lenders or investors
- Disputes over contract performance that escalate into fraud allegations
In complex transactions, what one party sees as aggressive business tactics, another might frame as intentional deception.
What Are the Penalties for Wire Fraud?
Wire fraud is punishable by up to 20 years in federal prison—and if the fraud involves a financial institution or relates to a declared national emergency (such as pandemic-related loans), penalties can be even higher.
You could also face:
- Hefty fines
- Asset forfeiture
- Restitution orders
- Damage to your professional licenses and reputation
Given these high stakes, early and aggressive legal representation is crucial.
Possible Defenses Against Wire Fraud Charges
Every case is different, but common wire fraud defenses include:
1. Lack of Intent to Defraud
The prosecution must prove you knowingly intended to deceive. If you acted in good faith, relied on advice from others, or simply made a business mistake, that can form a powerful defense.
2. No Scheme to Defraud
Business negotiations often involve optimism, projections, and incomplete information. Merely failing to deliver on a promise—or underperforming on a contract—is not automatically criminal.
3. Reliance on Accurate Information
If you reasonably believed the information you communicated was true, or relied on representations from others, it undercuts the prosecution’s claim of fraud.
4. Insufficient Evidence of Wire Use
The government must tie the use of electronic communications directly to the alleged fraud. Disputing the connection—or the materiality of the communication—can weaken their case.
5. Procedural Violations
If federal investigators overstepped constitutional boundaries—such as illegal searches, improper wiretaps, or violation of Miranda rights—key evidence may be excluded.
Why Hiring an Experienced Wire Fraud Defense Attorney Matters
Wire fraud cases are complex, document-heavy, and often involve parallel investigations by multiple agencies, including the FBI, SEC, and Department of Justice. Without skilled legal counsel, you risk being overwhelmed by the government’s resources.
At Simmons & Wagner, we have successfully defended executives, entrepreneurs, and professionals facing wire fraud allegations. We understand how to pick apart the government’s case, highlight weaknesses, and build a powerful defense strategy aimed at protecting your freedom and your future.
If you have been accused of wire fraud—or even suspect you are under investigation—do not wait to seek legal counsel. Contact Simmons & Wagner today for a confidential consultation. The right defense can make all the difference.