Government Conspiracy Attorney’s Required Proof for Conspiracy to Commit Mail and Wire Fraud
What is the Government Conspiracy Lawyers and Required Proof for Conspiracy to Commit Fraud
The federal wire fraud statute elements under 18 USC Section 1343 are similar to the mail fraud statute. However, criminal charges require the government contract fraud lawyers to show that you used an interstate telephone, fax or some other form of “wire” to further the fraudulent scheme. United States v. Briscoe, 65 F.3d 576, 583 (7th Cir. 1995).
When federal prosecutors bring a conspiracy to commit mail fraud against you, chances are that any more serious case against you are not present. They look at your involvement in the overall process and communications between yourself and other defendants. These cases are very fact-specific and intense. The bottom line is that you have to start defending yourself. The thought that you know you have done nothing wrong does not stop the U.S. Attorney’s office from coming after you.
What is Conspiracy to Commit Fraud in Federal Government Contracting?
Under federal conspiracy fraud law, it is illegal for individuals or businesses to engage in a conspiracy to commit wire fraud or conspiracy to commit mail fraud in relation to government contracting. As defined by 18 U.S.C. § 371, this type of offense can be charged when two or more people agree to “defraud the United States” through electronic communication schemes. Examples of this type of criminal activity in conspiracy and fraud cases include submitting false information and bid-rigging to obtain a government contract or using fraudulent e-mails and other forms of communication to manipulate the terms of an existing contract.
What is Wire Fraud?
Under the federal wire fraud statute, committing procurement fraud in government contracting is a serious crime. It involves the use of electronic communication, such as email or text messages, to unlawfully obtain government funds or contracts. By falsely representing yourself or your company in connection with any aspect of federal government contracting, you could be charged with wire fraud. Federal penalties can include imprisonment and/or financial penalties including restitution and forfeiture of profits gained through the unlawful activity.
What is Wire Fraud Conspiracy?
What is wire fraud conspiracy? If you have been accused of conspiracy to commit wire fraud related to federal government contracting, it is essential that you seek the assistance of a qualified and experienced government contracting conspiracy defense attorney. An attorney can help evaluate the evidence against you and work to protect your rights throughout the legal process. With knowledgeable representation, you may be able to avoid conviction or secure a lesser sentence if you are found guilty. See if wire fraud is a felony.
Conspiracy to commit fraud by false representation is a type of white-collar crime in which two or more individuals intentionally conspire to defraud another party, usually through the use of false statements or other misrepresentations to get government contracts or invoices paid.
If convicted of this offense, defendants face up to five years in federal prison, as well as significant monetary fines. Additionally, contracting with the government may be prohibited for those convicted of this crime. It is important to retain an attorney with extensive experience in defending clients accused of white collar crimes and conspiracy to commit wire fraud related to federal government contracts.
Your legal counsel can work to build a strong case on your behalf and negotiate with prosecutors to help you obtain the best possible outcome. If you have been accused of conspiracy and fraud by false representation in connection with federal government contracting. Call our law firm immediately at 1.866.601.5518.
What must the Government Prove in Wire Fraud Conspiracy Cases?
A wire conspiracy fraud charge involving government contractors requires US attorneys to prove beyond a reasonable doubt that two or more individuals or contractors agreed to defraud the government via wire communication. This can mean submitting bids via the Internet, fax machines, and other means of communication.
Conspiracy to commit fraud is a federal offense punishable by up to 20 years in prison. It occurs when two or more people “conspire” to commit wire fraud, which typically involves using electronic means to defraud another person or business of money or property. The conspirators may use emails, telephone calls, text messages, and other types of electronic communications to facilitate their scheme.
A federal contractor federal conspiracy to commit fraud defense lawyer can help those accused of this crime understand the charges and potential conspiracy to commit wire fraud sentence and develop a legal defense strategy if necessary.
A knowledgeable government contract fraud defense attorney may be able to get the charges reduced or dismissed altogether, depending on the details of the case. It is essential for anyone facing these charges to consult a reputable and experienced federal conspiracy to commit fraud lawyer in order to protect their rights. A good lawyer can explain the various options available and how to build an effective defense and get the best outcome possible. An accused person should never attempt to navigate this area of law alone – the expertise of a qualified government contractor criminal attorney is necessary for a successful legal outcome.
IF YOU ARE UNDER INVESTIGATION, INDICTED. DOWNLOAD YORU FREE DEFENSE CHECKLIST HERE
Wire Fraud Elements – What are They?
Wire fraud typically involves the use of electronic communications, such as phone calls, emails, or online messaging, to carry out a fraudulent scheme. While the specific elements of the federal wire fraud statute may vary slightly depending on the jurisdiction, wire fraud generally consists of the following elements:
1. Intent to defraud: The individual must have had the intention to deceive or trick someone for personal gain or to cause them harm.
2. Scheme or artifice to defraud: A plan or method must be devised to deceive others. This can involve false representations, promises, or material omissions.
3. Use of interstate wire communications: The use of interstate wire communications is a crucial element in wire fraud cases. This can include phone calls, emails, faxes, or other electronic means that cross state lines or involve international communications.
4. Materiality: The scheme must involve a material fact or information that is significant enough to influence the victim’s actions or decisions.
5. Reasonable reliance: The victim must have reasonably relied on the false representations or omissions made by the perpetrator, resulting in their financial loss or harm.
6. Intent to cause financial loss or harm: The perpetrator must have intended to cause financial loss or harm to the victim as a result of the fraudulent scheme.
It’s important to note that the specific elements of wire fraud may vary depending on the jurisdiction and the specific laws under which the case is prosecuted. It’s always advisable to consult with a legal professional for accurate and up-to-date information regarding wire fraud in a particular jurisdiction. See information on can a felon get a passport for international travel.
What is Wire Fraud Penalty?
The federal wire fraud penalties in government contracting can vary depending on the nature and severity of the crime. In most cases, wire fraud is a federal offense punishable by up to 20 years in prison and/or fines of up to $250,000. If the perpetrator has prior convictions or the crime involves multiple victims, they could face even harsher conspiracy to commit wire fraud sentences.
Requirements for Government Contractors
The required elements of conspiracy to commit fraud against an individual or government contractor (1) that the defendant voluntarily and intentionally devised or participated in a scheme to defraud the government out of money or some other benefit; (2) that the defendant did so with the intent to defraud the federal government; (3) that it was reasonably foreseeable that interstate wire communications would be used; and (4) that interstate wire communications were in fact used to defraud the government.
Other courts look at schemes involving false pretenses, and the defendant’s knowing and willful participation in a fraudulent scheme with intent to defraud, and (3) use of interstate wire communications in furtherance of the scheme (overt act). Wire and mail fraud are the go-to crime for federal law enforcement agencies such as the VA OIG, SBA OIG and the DOJ. Having the best government fraud defense attorney that also understands government contract law is essential to prevail during a government investigation or criminal case.
Wire fraud conspiracy in federal contracting is a crime that occurs when two or more people or contractors in order to commit wire fraud by using telefax, the internet or some other electronic means to get a government contract, get an invoice paid or to achieve some other gain. Wire fraud is defined as using an electronic means of communication, such as the internet, phone lines, or other media, to knowingly and willfully execute a scheme to defraud another individual or business of money or property.
Wire Fraud conspiracy is a serious white-collar criminal offense in the United States. The charge involves two or more people conspiring to commit wire fraud. It can be used to prosecute individuals and organizations who are suspected of participating in fraudulent activities over telephone wires, radio waves, television cables, or the Internet. It may also involve the use of electronic funds transfers or other forms of electronically controlled monetary transactions.
Conspiracy to commit fraud sentence and Federal wire fraud penalties associated with a conviction for wire fraud conspiracy can be severe and include fines, long prison sentences, and restitution orders. If you are facing charges related to wire fraud conspiracy, it is important to retain the services of experienced conspiracy lawyers who will vigorously defend your rights and interests.
The federal wire fraud statute is most often used in cases involving government contracts, procurement fraud practices, and contracts involving federal funds or property. In these cases, usually, two or more contractors or individuals are involved in a scheme to defraud the government by misrepresenting facts related to the contract or transaction. The accused can be charged with both wire fraud and conspiracy to commit fraud if they are found to have participated in the scheme.
In addition, wire fraud conspiracy can be used to prosecute individuals and organizations for cases involving online scams or other internet-based fraudulent activities. In such cases, two or more people may be accused of conspiring to use email, social media postings, websites, and other forms of electronic communication to deceive and defraud victims.
The consequences of a wire fraud conspiracy conviction can be severe, but with the help of an experienced attorney, the penalties can be minimized or even avoided altogether. It is essential to hire an experienced lawyer who also understands federal government contracting immediately after being accused of wire fraud conspiracy so that you have the best chance of obtaining a favorable outcome in your case.
Conspiracy to Commit Fraud – Federal Charges
Many government contractor fraud cases involve wire fraud conspiracy charges against CEOs, employees and other prime or subcontractors. In a federal conspiracy case, or a federal mail fraud conspiracy case, the government prosecution must prove beyond a reasonable doubt that two or more people agreed to defraud the federal using the mail or by using some form of wire communication in an effort to apply for or be awarded a government contract.
A conspiracy to commit fraud also includes participants who submitted invoices to be paid during the performance of a federal project. Defending a wide fraud conspiracy case requires showing the non-existence of a common scheme or plan or proof that the Defendant charged did not actually know about the plan and did not agree to join it.
There does not have to be an agreement to specifically use the mail or wire communications as part of the fraudulent scheme. As long as it was foreseeable that one of the conspirators would use the mail or wire communications to further the group’s fraud, all of the co-conspirators could be prosecuted for the conspiracy. Again, having a government contractor fraud defense lawyer who understands both sides of the case, federal procurement, and the legal criminal requirements is critical.
Conspiracy Fraud and Conspiracy to commit fraud jail time: The amount of jail time for a conviction depends on the facts and circumstances of the case. Generally, if government contractors are convicted of wire fraud as part of a conspiracy, they face up to 20 years in prison, although there are some cases where an individual may receive more or less depending on the severity of their actions. Make sure you a team of conspiracy lawyers that understand procurement laws etc.
Additionally, fines can be assessed that range from $250,000 to $1 million. Under federal laws, Wire Fraud is a Class C felony, and could be punishable by up to twenty years in prison, and three years of supervised release. On top of that, without having the best federal wire fraud defense attorney on board, complete restitution can be ordered, and any property obtained from the proceeds of the offense will be confiscated.
Under the United States Sentencing Commission, Guidelines Manual, §2B1, you can be convicted of Federal Wire Fraud and would more than likely be assigned a base offense level between 6-36. This would trigger a guideline range of probation of up to 33 months in prison before taking into account any mitigating or aggravating circumstances.
Major Fraud Against the United States
Penalty for Major Fraud Against the United States can be severe. According to the United States Federal Sentencing Guidelines, any individual convicted of major fraud in a government contract could face up to twenty years in prison and a fine equal to twice the gain or loss caused by the offense. In addition, restitution for federal conspiracy to commit fraud may also be ordered to correct any resulting financial damage. Those found guilty of major fraud against the United States are also subject to forfeiture and civil penalties under the False Claims Act.
For immediate help in a federal conspiracy to commit fraud case involving federal government contracts, please call our government contractor wire fraud conspiracy lawyers at 1.866.601.5518. Our goal is to minimize damage to you and your company’s reputation.