Being charged with a felony can be scary and stressful. It can feel even worse if the charge is a federal felony. Wire fraud and mail fraud are both serious federal crimes, and a conviction can lead to large fines and long prison time.
Even so, you still have options, and you do not have to face this alone. An experienced federal wire fraud attorney can guide you through the process and work hard to defend you against the charges.
Phishing Emails Are Federal Crimes
Phishing is a sinister scam that uses fake emails to trick people out of assets or information, and it has been around for a long time. Early phishing emails were pretty easy to spot, such as messages from everyone’s favorite Nigerian prince or fake banks offering you money if you just click on this link and give them entirely too much personal information.
Unfortunately, as our awareness of phishing scams has grown, so too has their complexity, meaning they are still a problem today. In fact, one recent report notes that phishing scams reached a record high in 2022, with more than 4.7 million attacks reported. The problem has also grown quickly, with the number of phishing attacks increasing by more than 150% each year since 2019.
You might even think that sending a phishing email to a co-worker or someone else as a joke or for revenge is just a bit of harmless fun. In reality, it can be a federal crime and could lead to serious penalties.
Federal Phishing Statutes
While there is no distinct federal law regarding “phishing, anyone caught sending or trying to send this type of email could find themselves facing federal charges under related statutes.
Phishing can be charged as wire fraud under federal law. Wire fraud is an umbrella term that encompasses using electronic messages, like email, to trick or cheat someone. If convicted, a person could face up to 20 years in prison and fines of up to $250,000. These penalties can apply to each email sent, so sending multiple phishing emails could lead to much higher prison time and fines.
You can also be charged with identity theft for phishing. If convicted, this charge can lead to up to 15 years behind bars.
Likewise, you could also be brought up on charges for aggravated identity theft for phishing. This means knowingly using or sharing someone else’s stolen personal information. If convicted, this charge adds an extra two years in prison.
What Else Constitutes Wire Fraud?
Wire fraud occurs anytime someone knowingly uses a phone, computer, or another electronic device to send messages across state lines as part of a plan to trick someone out of money or something valuable.
Wire fraud also includes many different scams that utilize electronic messages, such as social media, websites, or emails, to trick someone.
Common examples of wife fraud include:
- Fake donation websites: Making a webpage to request donations or pledges for a fraudulent charity or a non-existent personal tragedy.
- Sending fake emails for money: Sending messages to someone’s contacts with a made-up emergency to trick them into sending money.
- Stealing financial information: Taking someone’s bank or credit card details to steal money, make charges, or open new credit accounts in their name.
You can be charged with wire fraud if the government can prove the following four things:
- A plan to trick someone: You knowingly took part in a plan to cheat someone out of money or something valuable.
- Intent to deceive: You meant to trick or defraud the person.
- Use of electronic communications: Electronic messages, like emails or internet communications, were actually used.
- Crossing state lines: It was reasonable to expect that those messages would travel across state lines.
Penalties for Wire Fraud
Someone charged with wire fraud can be charged for each separate act. For just one wire fraud conviction, you could face the following penalties:
- Fines of up to $250,000
- Up to 20 years in prison
Contact an Experienced Federal Wire Fraud Attorney
If you are facing federal mail or wire fraud charges, it is very important to hire an experienced federal wire fraud attorney. Even if you think you did something wrong, a lawyer may still be able to get the charges reduced or dismissed.
You want a lawyer who knows how federal cases are different from state cases and who has experience in federal court. If needed, the lawyer can work with prosecutors on a plea deal and investigate the details of your case to build the strongest defense possible.
At Aaron L. Wiley Law, P.C., our federal wire fraud lawyers handle many types of criminal cases, including mail fraud, wire fraud, and other federal charges. We are known for fighting hard for our clients, even in very complex cases. To schedule a case consultation with a member of our legal team, call us at (254) 566-3860 or fill out our online form.