Learning that you’re facing wire fraud as part of a federal investigation will turn your world upside down. How did this happen? What does it mean? And most importantly, what do you do now? When this happens, you need to learn what wire fraud in the Texas penal code is, and what to do next.

In our increasingly digital world, these charges have become more common—and more complex. This guide is your lifeline, offering a comprehensive look at wire fraud, its relationship to the Texas Penal Code, and what you can expect moving forward. We’ll walk you through potential defense strategies and help you understand when to hire a Fort Worth federal crimes attorney.

What Is Wire Fraud?

Wire fraud in Texas is a federal crime involving the use of electronic communications (such as phone calls, emails, or text messages) to execute a scheme to defraud others of money or property. While it’s primarily prosecuted at the federal level, wire fraud can intersect with Texas state laws on fraud, potentially leading to additional charges under the Texas Penal Code (see more below).

“The span of federal crimes that are charged as wire fraud are extremely broad, and basically involve anything that could be construed as interstate – something that goes across state lines,” says Graham Norris, founder of Norris Legal Group. “It could be as simple as a phone call to another state.”

Key elements of wire fraud include:

• A scheme to defraud
• Intent to defraud
• Use of interstate wire communications

Examples of wire fraud schemes:

• Online investment scams
• Phishing emails
• Telemarketing fraud
• Cryptocurrency-related schemes

What Does the Texas Penal Code Say About Wire Fraud?

The Texas Penal Code doesn’t specifically mention “wire fraud” by name. However, it does cover various forms of fraud that are closely related to what we typically consider wire fraud. Let’s break down the relevant sections in Texas Penal Code Chapter 32:

1. Fraudulent Use of Identifying Information (Section 32.51): This section covers actions that are often part of wire fraud schemes. It’s illegal to obtain, possess, transfer, or use someone else’s identifying information without their consent, intending to harm or defraud another person. This could include using someone’s personal data to commit fraud over electronic communications.
2. False Statement to Obtain Property or Credit (Section 32.32): While not explicitly about wire communications, this section prohibits making false statements to obtain property or credit. In the digital age, many of these false statements are made electronically, which could be considered a form of wire fraud.
3. Deceptive Business Practices (Section 32.42): This section covers various fraudulent business activities, some of which might be conducted over electronic communications. For example, it’s illegal to sell less than the represented quantity of a property or service, which could apply to online sales.
4. Credit Card or Debit Card Abuse (Section 32.31): There is a lot of credit card fraud online, which could be considered a form of wire fraud. This section makes it illegal to use a credit or debit card fraudulently in various ways.
5. Fraudulent Transfer of a Motor Vehicle (Section 32.34): While specific to motor vehicles, this section could apply to online car sales where fraudulent information is transmitted electronically.

It’s important to note that wire fraud often crosses state lines or affects interstate commerce, making it a federal crime. In such cases, federal law would typically take precedence. However, the Texas Penal Code provides a framework for prosecuting fraud-related crimes that occur within the state, including those that might use electronic communications.

The penalties for these fraud-related offenses in Texas vary based on the amount of money or value involved. They range from misdemeanors for smaller amounts to first-degree felonies for fraud involving $300,000 or more.

Remember, if you’re accused of any fraud-related crime, including wire fraud, it’s crucial to seek legal advice from an experienced Fort Worth federal crimes lawyer immediately. The laws are complex, and the consequences can be severe.

Examples of Wire Fraud

Real-life examples help illustrate the complexity of wire fraud cases and the challenges faced by both prosecutors and defense attorneys.

Lowe’s Home Improvement Scheme

Graham says he onced represented a defendant in a scheme involving Lowe’s home improvement stores.

“It was not exclusive to Texas – it was all over the country,” he said. “We had a fraud scheme with financial implications that moved across state lines and it was charged federally. Dozens of arrests were made in an effort to stop this large oranization from systematically stealing large quantities of goods from Lowe’s stores by misusing a line of credit service that Lowe’s was offering. Individuals were stealing from the company using bad checks and bad credit-and they were doing it all over the country.”

This case demonstrates how a scheme targeting a national retailer can quickly escalate to federal wire fraud charges due to its interstate nature.

Unwitting Participant in Cryptocurrency Scam

In another case, Graham represented an individual who thought she was participating in a cryptocurrency training program for a new job but was in fact unknowingly participating in a money laundering scheme.

“She thought it was all legit,” he says. “She worked two months for them and finally realized it was money laundering and was going offshore.”

She created bank accounts and would wire money through Zelle or other services, and she would get to keep a portion of it. The scammers convinced her that they were investing the money in cryptocurrency and there were restrictions on the amounts, so they had to go through different accounts.

When she felt that something fishy was going on, she knew that she could be in legal trouble as well, so she made the right decision to reach out to Graham for help.

“We met with the FBI and helped them understand her role to prove she didn’t know she was involved in something,” he says. “She had wisely kept records that we were able to provide to the authorities to show what her role had actually been..”

This case highlights the importance of having legal representation even if you know you’ve done nothing wrong.

Penalties for Wire Fraud (Federal and Texas)

Wire fraud is primarily a federal offense, but Texas law covers various fraudulent activities that may be related to wire fraud. The penalties can be severe and vary depending on the jurisdiction, the amount of money involved, and the specific circumstances of the case.

Federal Wire Fraud Penalties

Under federal law 18 U.S.C. 1349, wire fraud is treated as a serious offense with significant penalties:

• Classification: Wire fraud is a Class C felony.
• Prison time: Up to 20 years in federal prison.
• Fines: Up to $250,000 for individuals, or $500,000 for organizations.
• Supervised release: Up to 3 years of supervised release after imprisonment.
• Restitution: Full restitution to the victims is typically ordered.
• Asset forfeiture: Any property obtained through the fraud may be confiscated.

Texas Penalties for Fraud-Related Offenses

While Texas doesn’t have a specific “wire fraud” statute, it does have laws against various types of fraud that could be related to wire fraud activities. The penalties in Texas depend on the specific offense and the amount of money involved:

1. Fraudulent use of identifying information (Section 32.51):
   • Less than 5 items: State jail felony (180 days to 2 years in state jail)
   • 5-9 items: Third-degree felony (2-10 years in prison)
   • 10-49 items: Second-degree felony (2-20 years in prison)
   • 50 or more items: First-degree felony (5-99 years or life in prison)
2. False statement to obtain property or credit (Section 32.32):
   • Less than $2,500: Class A misdemeanor (up to 1 year in jail)
   • $2,500 to $30,000: State jail felony
   • $30,000 to $150,000: Third-degree felony
   • $150,000 to $300,000: Second-degree felony
   • $300,000 or more: First-degree felony
3. Other fraud-related offenses (e.g., credit card abuse, fraudulent transfer of a motor vehicle) follow a similar pattern based on the value involved.

All of these offenses may also include fines, which can be up to $10,000 for felonies and $4,000 for Class A misdemeanors.

It’s important to remember that if a fraudulent scheme crosses state lines or uses interstate communications, it could be prosecuted as federal wire fraud rather than under Texas state law. However, understanding both sets of penalties is crucial for anyone facing fraud-related charges in Texas.

Defending Against Wire Fraud Charges

When facing wire fraud charges, you need a strong defense strategy. Graham has a few key approaches when defending his clients against wire fraud charges:

1. Early Intervention:
   • Graham advisees clients who receive a target letter or are contacted by a federal agent to contact him immediately.
   • Don’t wait to figure out the substance of the investigation or meet with detectives alone, and avoid giving statements that could be used against you later.
2. Assess the Investigation Phase:
   • Graham’s first step is to determine what stage the investigation is in.
   • This assessment will guide the next steps in your defense strategy.
3. Explore Witness Status:
   • In some cases, it may be possible to position the accused as a witness rather than a target.
   • This approach can potentially keep you from being charged while still cooperating with the investigation.
4. Protect Constitutional Rights:
   • Graham ensures that any search or seizure was conducted lawfully. If not, it could make some evidence against you inadmissable.
5. Analyze the Evidence:
   • Graham carefully examines the evidence the government has against you and looks for weaknesses in their case or alternative explanations for the evidence.
6. Consider Cooperation:
   • In some cases, cooperating with federal agents can significantly reduce potential sentences.
   • This decision should be made on a case-by-case basis with the guidance of your attorney.
7. Humanize the Accused:
   • Graham helps prosecutors understand that the accused is a human being not defined by a single mistake. He presents mitigating circumstances that led to the situation, and highlights positive actions taken since the alleged offense, such as seeking treatment or counseling.
8. Explore Lack of Knowledge Defense:
   • If the accused was an unwitting participant, Graham gathers evidence to prove they didn’t know they were involved in illegal activity.
   • He also collects and preserves any records or documentation that support this claim.
9. Navigate Decision Makers:
   • Understand that there are multiple decision-makers along the path to a jury trial.
   • Each decision-maker (detective, prosecutor, judge) represents an opportunity to resolve the case favorably.
10. Consider Alternative Resolutions:
    • Graham explores possibilities for diversion programs or plea agreements that could result in reduced charges or penalties.

These cases are complex and have significant consequences attached to them. Don’t try to take this situation on alone – reach out to an experienced attorney.

FAQs About Wire Fraud in the Texas Penal Code

Wire fraud can be a confusing topic, and many people have questions about its implications and how it relates to Texas law. Here are some frequently asked questions:

What is the statute of limitations for wire fraud?

The federal statute of limitations for wire fraud is typically five years from the date of the offense. However, specific circumstances may extend this period.

Can I be charged with wire fraud if I didn’t know I was participating in a scheme?

While intent is a key element of wire fraud, unknowing participation doesn’t automatically protect you from charges. It’s crucial to seek legal counsel to help establish your lack of knowledge and intent.

Can wire fraud charges be reduced or dismissed?

Yes, charges can potentially be reduced or dismissed depending on the circumstances of the case and the strength of your defense. An experienced attorney can help negotiate with prosecutors or challenge the evidence against you.

Don’t Face Wire Fraud Charges Alone – Contact Norris Legal Group Today

If you’re facing wire fraud charges or believe you might be under investigation, time is of the essence. The complexity of these cases demands expert legal representation, and Norris Legal Group has a proven track record of successfully defending clients against wire fraud charges in the Fort Worth, Arlington, and Tarrant County areas.

Graham’s approach combines deep legal knowledge with a strategic, personalized defense tailored to your specific situation. From the moment you reach out, he will:

1. Assess your case’s current status and potential risks
2. Explain your legal options in clear, understandable terms
3. Develop a robust defense strategy
4. Protect your rights throughout the legal process
5. Work tirelessly to achieve the best possible outcome for your case

Don’t let uncertainty about your future keep you up at night. Contact Norris Legal Group today for a free, confidential consultation. Take the first step towards securing your future and protecting your rights. Call now – your freedom may depend on it.