Wire Fraud Defense in New York

Wire fraud under 18 U.S.C. § 1343 is the federal prosecutor's everyday tool. Any scheme to defraud that uses an interstate wire — phone call, email, bank transfer, text message, website — can be charged. The statute carries up to twenty years per count, with thirty-year exposure for offenses affecting a financial institution or in connection with a federally declared disaster (including pandemic-related fraud).

Elements

1. A scheme or artifice to defraud
2. Specific intent to defraud
3. Use of an interstate wire in furtherance of the scheme
4. Materiality of the misrepresentation

Where Wire-Fraud Cases Break Down

• Intent. Wire fraud requires specific intent. Honest dispute, business optimism gone wrong, and reliance on professionals are all consistent with innocence.
• Materiality. The misrepresentation must be one a reasonable person would attach importance to. Puffing is not materiality.
• Property interest. Following Ciminelli v. United States and Kelly v. United States, the "right to control" theory and pure regulatory deceit no longer support wire-fraud convictions. The government must show a traditional property interest.
• Venue. Venue lies in any district where the wire originated, passed through, or was received. Multiple-defendant cases create venue-severance opportunities.
• Statute of limitations. Five years under 18 U.S.C. § 3282, with extensions to ten years for offenses affecting financial institutions.

Sentencing

Federal sentencing in wire-fraud cases turns on loss amount, number of victims, and sophisticated-means enhancements under U.S.S.G. § 2B1.1. The loss calculation is often where the real fight happens — the difference between $100,000 and $1.5 million in loss is years of guideline exposure. We litigate loss aggressively, both legally and through forensic accounting.

If you have been charged or are under investigation for wire fraud, call us at 212-233-1233 or email email@goodwindefense.com.