Government Attorneys Required Proof and Elements of Wire Fraud Conspiracy
Nationwide government contractor federal wire fraud conspiracy attorneys: The elements of wire-fraud 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).
What is Wire Fraud Conspiracy in Government Contracting?
A wire fraud conspiracy 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 by using some form of wire communication. This can mean while submitting bids via the internet, fax machines and means of communication.
The required elements of federal wire fraud charged against an individual or government contract (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. 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.
Federal Wire Fraud Conspiracy 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. Many criminal cases also include participants who submitted invoices to be paid during the performance of a federal project. Defending a wide fraud conspiracy case is to show 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 in 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 can be prosecuted for the conspiracy. Again, having a government contractor fraud defense lawyer that understands both sides of the case, federal procurement, and the legal criminal requirements is critical.
For immediate help in a federal wire fraud conspiracy case involving federal government contracts, please call our wire fraud defense attorneys at 1.866.601.5518. Our goal is to minimize damage to you and your company’s reputation.