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TAMPA WIRE FRAUD DEFENSE LAWYER
Experienced State and Federal Wire Fraud Defense Attorney in Tampa, FL
In today’s world, where electronic communication is essential for both business and personal interactions, wire fraud charges have become increasingly common. Allegations of using email, text messages, or other digital platforms to commit fraud can carry severe penalties, which is why it’s so important to have a Tampa wire fraud defense lawyer on your side to fight against these charges.
Led by Andrew Buda, a former prosecutor with years of experience in criminal defense, the attorneys at Buda Law know how prosecutors build their cases, and we use this knowledge to craft strong defense strategies for our clients.
Whether you’re accused of wire fraud involving identity theft, financial institutions, or other related offenses, a Tampa white-collar crime defense attorney on our team can provide you with the aggressive representation you deserve.
Facing wire fraud charges? Contact Buda Law today at (813) 322-2832 for a free consultation to discuss your case.
What is Wire Fraud?
Wire fraud is a crime involving the use of electronic communication–such as phones, emails, or the internet–to commit fraud or with the intent to obtain money or property unlawfully.
Florida Wire Fraud Statute – § 817.034
Under Florida law, wire fraud, as described under F.S. § 817.034, also known as the Florida Communications Fraud Act, involves engaging in a scheme to defraud with the intent to obtain money, property, or other assets through false or fraudulent pretenses, representations, or promises.
The act requires the use of communications technology, such as mail, wire, radio, electromagnetic, photoelectronic, or photo-optical systems, to transmit false information to further the fraudulent scheme. Punishments for this crime increase depending on the victim’s age, as well as whether or not the victim is physically or mentally disabled.
Federal Wire Fraud Statute – 18 U.S.C. § 1343
Similar to the Florida law, 18 U.S.C. § 1343 outlines what constitutes wire fraud at the federal level. Under federal law, wire fraud involves creating or intending to create a scheme to defraud or obtain money or property through false or fraudulent pretenses, representations, or promises.
To constitute wire fraud, the fraudulent scheme must involve the use of wire, radio, or television communication transmitted across state or international lines. The act must also have been done for the purpose of defrauding another for financial gain.
This statute also applies to cases where the fraud is connected to federal disaster relief funds or involves a financial institution, which can lead to enhanced penalties.
State vs. Federal Wire Fraud Charges
The primary difference between state and federal wire fraud charges lies in their jurisdiction, scope, and penalties. State wire fraud charges address schemes to defraud that occur within state boundaries and typically carry penalties based on the value of property obtained.
In contrast, federal wire fraud charges apply to fraudulent schemes that involve interstate or international communication, as well as foreign commerce.
Additionally, other crimes such as tax fraud would likely also constitute federal wire fraud, especially if the person received a tax refund via electronic means. Being convicted of federal wire fraud could result in federal prison time rather than state prison time.
If you have been accused of a serious federal crime such as wire fraud, or you believe you are the target of an investigation by the federal government, you need a federal criminal defense attorney in Florida on your side to protect your rights.
Examples of Wire Fraud
Wire fraud can take many forms, often involving schemes to defraud others. Some common examples of wire fraud include:
- Sending phishing emails to collect sensitive information like bank account details.
- Using phone calls to pose as a government agency and demand payment.
- Creating fake websites to sell non-existent products or services.
- Texting fraudulent links claiming to offer lottery winnings.
- Hacking social media accounts to solicit money from contacts.
- Running online investment scams promising high returns.
- Transferring funds electronically as part of a fraudulent real estate scheme.
- Manipulating stock prices through false or misleading information shared online.
Additionally, other types of scams, such as bank fraud, investment fraud, insurance fraud, and healthcare fraud can also be charged as wire fraud if the fraud occurs through the internet or other forms of telecommunication. If you have been accused of multiple related fraud crimes involving the internet, contact a Tampa cyber crime defense attorney at Buda Law to discuss your legal options ASAP.
Wire Fraud vs. Mail Fraud
Wire fraud and mail fraud are similar in that both involve schemes to defraud others of money or property through false pretenses, but they differ in the methods used. Wire fraud relies on electronic communications, such as phone calls, emails, text messages, or internet transmissions, to further the fraudulent scheme.
In contrast, mail fraud involves the use of the postal service or other delivery carriers to send materials related to the fraud. The statute for federal mail fraud charges can be found under 18 U.S. Code § 1341.
While both are federal offenses with similar penalties, wire fraud often covers a broader range of modern communication methods, making it more commonly charged in cases involving digital or electronic schemes.
What Types of Crimes are Mail Fraud and Wire Fraud?
Mail fraud and wire fraud are both types of fraud, due to their use of fraudulent activities in order to obtain property or financial goods from others. Additionally, both mail fraud and wire fraud are almost always charged as federal crimes, due to their use of interstate mail carriers and interstate telecommunications.
If you have been charged with federal mail or wire fraud, you need a federal criminal defense lawyer to help ensure that you understand the charges and potential consequences you’re facing.
What are the Penalties for Wire Fraud?
The penalties for wire fraud vary depending on the jurisdiction and the severity of the crime. The potential punishments for federal wire fraud include:
- up to 20 years in prison and fines
- up to 30 years in prison and fines of up to $1 million if the fraud involves a financial institution or federal disaster relief funds
The punishments for state wire fraud in Florida are based on the value of the property involved, and include:
- If the property is valued at less than $300, it is considered a first-degree misdemeanor in Florida, which is punishable by up to 1 year in jail, up to $1,000 in fines, or both
- If the property is valued at more than $300 but less than $20,000, it is a Florida third-degree felony, punishable by up to 5 years in prison, up to $5,000 in fines, or both
- If the property is valued at more than $20,000 but less than $50,000, this is a second-degree felony and punishable by up to 15 years in prison, up to $10,000 in fines, or both
- If the property is valued at more than $50,000, the crime is a Florida first-degree felony punishable by up to 30 years in prison, up to $10,000 in fines, or both
There are also enhanced punishments if the victim is a minor, over the age of 65, or mentally or physically handicapped. You may also face other punishments if you are charged with another related crime in relation to the fraudulent actions. For example, if you possess and misuse someone’s personal or financial information, you could be charged with identity theft as well as wire fraud.
A Florida wire fraud lawyer can help you understand the potential penalties you may be facing based on the circumstances of your situation.
Why You Need a Skilled Florida Wire Fraud Defense Lawyer
Seeking legal counsel is one of the best things you can do for yourself following a wire fraud arrest, and it’s important that you choose an attorney with the experience necessary to achieve the best outcome in your case.
At Buda Law in Tampa, FL, Andrew Buda brings the unique advantage of being a former prosecutor who knows how the other side builds its cases. With years of experience as a criminal defense lawyer, Andrew provides personalized representation, preparing every case as if it will go to trial. You can trust us to fight aggressively for your rights and work tirelessly to achieve the best possible outcome for your wire fraud case.
Our Tampa criminal defense law firm is committed to every client, and you can trust us to fight aggressively for your future and work tirelessly to protect your rights. We can even represent you in state or federal court, depending on the jurisdiction that your case falls under.
Call the Tampa Wire Fraud Defense Lawyers at Buda Law For a Free Consultation Today
Facing wire fraud charges in Florida can be overwhelming, but you don’t have to face them alone. At Buda Law, we are committed to providing the strong defense you need during this challenging time. A Tampa fraud defense lawyer on our team will ensure that you understand the charges brought against you as well as the potential punishments you may be facing.
We’ll then build a defense strategy that is specifically tailored to your needs. Whether you’re facing in-state charges or federal charges of wire fraud, Attorney Buda is here to provide you with the skilled legal representation you need. Our team can also provide you with representation if you have been charged with other related crimes, such as identity theft, mail fraud, bank fraud, and more.
Call our law firm at (813) 322-2832 or contact us online to schedule a free consultation with us regarding your situation.
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