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Wire Fraud and Identity Theft Investigations Go Hand in Hand
Some criminal investigations go hand in hand, such that if you find yourself being investigated for one crime, it is likely that you will be investigated simultaneously for the other. This is the case with wire fraud and identity theft. A scheme to commit one is likely to involve the other because the criminal activities needed to commit wire fraud are usually also used to perpetrate identity theft. As both federal wire fraud and identity theft are serious crimes, an experienced Milwaukee, Wisconsin federal crimes defense attorney is here to defend your rights if you are being investigated for these crimes.
What Is Federal Wire Fraud?
Wire fraud involves defrauding someone using electronic communication including telephone text messages and online methods such as email or social media. It usually involves deceiving someone into sending money or sensitive personal information. For example, sending out phishing text messages seeking social security or bank account details and then using that information to make a wire transfer to yourself would constitute wire fraud.
Some types of communications that can result in charges of wire fraud include the collection of personal and financial information through false communications, phishing schemes, telemarketing emails, misrepresenting products or services online, promoting fake sweepstakes online, and sending out fraudulent invoices.
Elements of Wire Fraud
The key elements of wire fraud that the government has to prove are that:
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The defendant participated in a scheme for the purpose of defrauding another person out of money
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They did so with the intent to defraud
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It was reasonably foreseeable that they would have to use interstate wire communications to do so, and
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Interstate wire communications were used
Penalties for Wire Fraud
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Jail time: Up to 30 years imprisonment (20 years for non-financial crimes)
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Fines: Up to $250,000 in individual fines
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Restitution: Payment to victims to compensate for the loss
Defenses to Wire Fraud
No Intent
Wire fraud requires that the prosecution prove that you had the intent to commit the crime. This defense challenges the prosecution’s evidence that you intended to commit fraud.
Statute of Limitations
The government may not prosecute you for wire fraud if the five-year statute of limitations (10 years for wire fraud affecting financial institutions) has passed.
Procedural Violations
If your constitutional rights were violated during the investigation such as through an illegal search and seizure, the government may not use any evidence collected in the course of those illegal actions.
What Is Federal Identity Theft?
Under federal law, identity theft involves intentionally using a person’s personal identifying information for financial gain or to commit other crimes (such as wire fraud). Usually, the information stolen includes data like social security numbers, credit reports, and bank account information.
Some types of activities that can result in charges of identity theft include gaining access to someone’s personal and financial information and making unauthorized purchases with that information or draining a person’s bank account. Other types of identity theft involve stealing medical information such as social security numbers and health insurance information to engage in illegal activity such as filing fake insurance claims.
Elements of Identity Theft
The key elements of identity theft that the government has to prove are that:
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The defendant knowingly used someone’s identity
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They did not have the authorization to use that identity
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They did so with the intent to commit illegal activity using the stolen identity
Penalties for Identity Theft
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Jail time: Up to 15, 20, or 30 years imprisonment, depending on whether the identity theft involved additional violent crimes such as drug trafficking or terrorism.
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Fines: Defendants may be fined in addition to jail time.
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Forfeiture of personal property: If convicted, defendants may have to give up personal property used to commit the crime.
Defenses to Identity Theft
No Intent
If you can show that you took the personal information without any intent to use it criminally, you will not be liable for the crime.
Consent
If you were authorized to use the information, you had consent to do so, and you could not be convicted of identity theft.
Mistaken Identity
Sometimes people are falsely accused of a crime. By creating reasonable doubt that you were mistaken for someone else and were falsely accused of the crime, you could mount a strong defense to identity theft charges.
How are Wire Fraud and Identity Theft Connected?
Identity theft charges can arise from charges for wire fraud and investigations for one usually go hand in hand with investigations for the other. When that happens, the defendant may be charged with both the crime of identity theft and wire fraud.
Schemes Overlap
Schemes to commit identity theft often also tend to violate federal law on wire fraud and vise versa. The criminal activity to commit both usually overlaps. The facts that give rise to the crime of wire fraud also usually give rise to the crime of identity theft.
Both Use Online Communications
Defendants frequently use online or telephone communications to obtain personal information and then use that information for wire fraud. Conversely, identity theft is usually perpetrated easily using online or telephone communications to steal personal information.
Wire Fraud Requires Personal Information
To commit wire fraud, defendants often need personal information such as bank account numbers that are commonly obtained using identity theft.
Similar Criminal Activity
Wire fraud and identity theft often use the same methods to perpetrate criminal activity. In phishing scams, text messages are sent to gain personal information illegally. Account takeovers use stolen personal information. Other scams use stolen identities to submit false loan applications or credit card applications.
How Can an Attorney Help You Fight Wire Fraud and Identity Theft Charges?
Prosecutors will usually charge wire fraud and identity theft cases together. An attorney experienced in defending federal white-collar crimes such as these will build a strong defense to counter the prosecution’s underlying story that leads to both charges. An attorney will also collect evidence and select the right witnesses to mount a strong defense.
Contact a Milwaukee, WI Criminal Defense Attorney
If you are being investigated for wire fraud and identity theft, it is crucial to get aggressive and skilled representation to protect your rights. The experienced Milwaukee, WI federal crimes attorneys at Gimbel, Reilly, Guerin & Brown, LLP understand the seriousness of the allegations and can help you mount a strong defense. Call our offices at 414-271-1440 for a confidential consultation today.
