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The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

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What is Wire Fraud?

Understanding Wire Fraud: A Comprehensive Breakdown

Nothing less than a serious federal crime, wire fraud involves deceiving and cheating individuals of their hard-earned money or property, typically using electronic communication methods. This article will delve into the details behind wire fraud, including its legal elements and penalties, to help you better understand this significant and complex issue.

A Brief Overview of Wire Fraud

Wire fraud is defined by the Title 18 United States Code §1343 as a scheme that intends to defraud individuals of money or property using false or fraudulent pretenses, representations, or promises, utilizing wire, radio, or television communication in interstate or foreign commerce. It has a striking similarity to mail fraud (18 U.S.C. §1341), and interpretations of one statute often apply to the other. The term “scheme or artifice to defraud” includes scenarios that aim to deprive others of their intangible right to honest services, thereby extending the scope beyond mere protection of property rights.

Identifying the Key Elements of Wire Fraud

Different District Courts across the United States have outlined two, three, or four elements of wire fraud, which the Government must prove beyond a reasonable doubt.

The Two-Element Approach

In jurisdictions that adopt a two-element approach, the required elements are:

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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1. A scheme or artifice to defraud
2. Use of interstate wire communication to facilitate that scheme to get money or property.

The Four-Element Approach

In federal jurisdictions that apply a four-element approach, the elements are:

1. The defendant voluntarily and intentionally devised or participated in a scheme to defraud another out of money
2. The defendant did so with the intent to defraud
3. It was reasonably foreseeable that interstate wire communications would be used
4. Interstate wire communications were, in fact, used.

The Three-Element Approach

New York, as part of the Second Circuit, follows a three-element approach:

1. A scheme to defraud
2. Money or property as the object of the scheme
3. Use of wires to further the scheme.

While not a statutory element, the materiality of a falsehood in the scheme to defraud is considered a common-law element of wire fraud.

Dissecting the Elements of Wire Fraud

(1) Scheme to Defraud Involving a Material Misrepresentation or Disclosure

A scheme to defraud can be broadly understood as any action that significantly deviates from fundamental honesty and ethical behavior. It typically includes conduct that is reasonably calculated to deceive, whether through non-disclosure or affirmative misrepresentation. Courts have held that even material non-disclosures alone can sustain a wire fraud conviction, regardless of the presence of a fiduciary duty.

The government need not prove that the actual scheme was successful – only that a scheme existed. To qualify as a material misrepresentation, the false statement must have a natural tendency to influence or be capable of influencing the decision of the targeted party.

(2) Intent to Defraud Another of Money, Property, or Honest Services

The specific intent to defraud refers to the deliberate intention to deceive or cheat to gain financial benefit for oneself or cause financial loss to others. A statement made in good faith that later turns out to be false would not satisfy this requirement. As long as some harm or injury was contemplated by the scheme, the prosecution does not need to show direct, tangible economic loss to the intended victims.

(3) Interstate Wire Communications Were Used in Furtherance of the Scheme

A person can be held accountable for causing a wire transmission if they act, knowing that the use of wires or electronic communication will follow in the ordinary course of business or if such use is reasonably foreseeable. In wire fraud cases, the government must prove that the wire transmission was for the purpose of executing the scheme – not necessarily that it was an essential element.

Sentencing and Penalties for Wire Fraud

Wire fraud is a grave federal crime punishable by up to 20 years of imprisonment and/or a fine of up to $250,000. If the violation is in connection with a disaster or emergency declared by a president or affects a financial institution, the penalties increase to imprisonment of up to 30 years and/or a fine of up to $1,000,000.

Contact Top-Rated Wire Fraud Attorneys

Facing wire fraud charges is a profoundly distressing experience that demands the expertise of top-rated federal attorneys. If you are under arrest or have been charged with federal wire fraud, do not hesitate to contact experienced and highly-regarded legal professionals at 212-729-9494 to schedule your initial consultation. The sooner you seek professional advice, the better your chances of resolving your case successfully.

What is Wire Fraud?

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

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CLAIRE BANKS

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RAJESH BARUA

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CHAD LEWIN

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