Wire Fraud Charges in California

Wire Fraud Charges in California

Financial crimes like California wire fraud often fall under the category of “White Collar Crime,” and wire fraud punishment can be harsh. The penalties for wire fraud can be up to 30 years in prison, and it comes with hefty fines as well. This crime doesn’t get prosecuted on the state level, but it goes up to the federal level, which has an even higher conviction rate. If an individual has been accused of wire fraud, he could benefit from bail bonds helping him to get out of jail early. These charges get brought on from the Federal Department of Justice, and the consequences can be harsh.

The Necessary Elements for a Conviction

The courts require three main elements that must be present if the prosecution will convict the defendant of California wire fraud. As one of the white collar crimes, the prosecution must first prove that an individual had a scheme to commit fraud. After they have proven that they had a scheme, they will look at if they used a wire, TV or radio. In fact, nowadays, even the use of email can lead to one of these cyber fraud convictions. Finally, the prosecution must prove that the individual had the intent to commit one of these California fraud offenses.

Under California law, an individual cannot be convicted of one of these white collar crimes unless they can prove that they had a plan for fraud and all three elements were present.

Can’t Lie or Misrepresent a Product

Fraud offenses in California include when someone misrepresents a product or lies about it. This will support the financial frauds charge if it can be proven. However, you do have cases where it doesn’t classify as a fraud. For example, the courts don’t count it as fraud unless the prosecution can prove that it had the intent of fooling ordinary people. If ordinary people wouldn’t believe it, then it doesn’t classify as wire fraud. One example of this might be where Jim, a standup comedian, takes to a TV show and makes a false claim that one in every 10 people will turn into dinosaurs from eating their gummy vitamins. Some lies look too outrageous for prudent individuals to not see through.

Believe it or not, however, you can also get a financial frauds conviction if you leave out crucial facts. You don’t necessarily have to lie outright. Let’s use the example of investors. You might say that Warren Buffett, a billionaire investor, has been looking at investing in your product. It might be true that he had previously considered it, but if you conveniently left out the truth that he considered it and decided to invest his money elsewhere, you could be convicted of California fraud offenses for misleading your audience. The penalties for wire fraud can be harsh.

What are the Penalties?

The wire fraud minimum sentence could be as low as a few months of probation, but the wire fraud minimum sentence isn’t what everyone gets. It depends on what kind of financial crimes that you commit. You could also spend up to 30 years in prison on the higher end. The types of wire fraud in California are the same as everywhere else, and depending on the type that you committed, you could face a lengthy sentence for wire fraud punishment without qualified legal representation.

The Wire Fraud Statute of Limitations

The wire fraud statute of limitations in California sits at five years. However, if you committed a wire fraud or mail fraud crime that was against a financial institution, the statute of limitations is 10 years. If an individual faces one of the fraud offenses in California, he should prepare his defenses against wire fraud. A qualified attorney will be the most well equipped for handling the different types of wire fraud in California.

Cyber fraud is one thing that has taken off since the beginning of the internet. You need someone who understands how to fight these charges. The defenses against wire fraud will depend on the type of fraud that the individual allegedly committed. Some of the aggravating factors in a wire fraud case can up the sentence. These factors include the number of victims, the amount stolen, the intentions of the defendant and the marketing techniques that they used.

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