Federal Wire Fraud Statute:: Government Attorneys Required Proof and Elements of Conspiracy to Commit Wire Fraud

Nationwide government contractor federal wire fraud conspiracy attorneys: 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).

What is Conspiracy to Commit Wire Fraud in Federal Government Contracting?

Under federal law, it is illegal for individuals or businesses to engage in a conspiracy to commit wire 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 schemes involving the use of electronic communication. Examples of this type of criminal activity include submitting false information and bid-rigging in order 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 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 and wire fraud 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.

What is conspiracy to commit fraud by false representation? 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 charges 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 to commit fraud by false representation in connection with federal government contracting. Call our law firm immediately at 1.866.601.5518.

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 wire fraud penalties can include imprisonment and/or financial penalties including restitution and forfeiture of profits gained through the unlawful activity.

What must the Government Prove in Wire Fraud Conspiracy Cases?

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 via wire communication. This can mean submitting bids via the Internet, fax machines, and other means of communication. 

Wire fraud conspiracy 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 wire fraud conspiracy lawyer can help those accused of this crime understand the charges and potential penalties 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 wire fraud conspiracy 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.

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.

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 sentences. 

Requirements for Government Contractors

The required elements of federal wire fraud conspiracy charged 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 wire 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 an experienced conspiracy lawyer 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 wire 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.

If you are facing charges related to wire fraud conspiracy, it is important to retain the services of an experienced and knowledgeable attorney who understands the complexities of this type of case. Your contractor fraud defense lawyer will work diligently to protect your rights and interests throughout the legal process. With their help, you can obtain a favorable outcome in your case.

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.

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 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.

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 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.

The False Claims Act holds parties accountable for submitting false claims or statements to obtain money from an agency or program that is administered by the U.S. Government, including contracts with federal agencies, such as military bases or national parks. The False Claims Act provides for treble damages – three times the amount actually defrauded – and substantial civil penalties. For example, when the Department of Justice successfully brings a False Claims Act action against a company whose misconduct caused financial damages, the company may be ordered to pay treble damages.

It is important to note that in Fraud Against the United States cases, prosecutions are pursued by both federal and state agencies. In many instances, additional charges could be brought at the state level such as embezzlement or criminal breach of trust. It is also important to keep in mind that there may be criminal or civil liability for individuals who are found complicit in fraud attempts or schemes.

Given the severity of these consequences, it is advisable for anyone under investigation or charged with an offense related to major fraud against the United States to seek legal counsel. An experienced attorney can provide advice and assistance in navigating the complex criminal justice system, mitigating potential penalties or sentences, and potentially avoiding conviction.

It is also important to remember that although major fraud against the United States carries serious consequences, it is within the power of a defendant to mitigate their liability by taking proactive steps such as cooperating with authorities or entering into a plea bargain. By doing so, defendants may be able to reduce their sentence or obtain other benefits that would otherwise not be available had they chosen to go to trial. In any case, consulting an experienced attorney is highly recommended when facing charges related to major fraud against the United States. Doing so will ensure that you receive sound advice and guidance throughout your legal case.

For immediate help in a federal conspiracy to commit wire fraud case involving federal government contracts, please call our government contractor wire fraud defense conspiracy lawyers at 1.866.601.5518. Our goal is to minimize damage to you and your company’s reputation.