Wire fraud is one of the most common white-collar charges prosecuted in the United States, and Miami has become a focal point for such cases due to its role as an international financial hub. What many people do not realize is that wire fraud is primarily a federal offense. That means defendants often face investigation by agencies like the FBI or the U.S. Department of Justice rather than local police. The distinction matters: federal cases carry harsher penalties, stricter procedures, and a much deeper investigative reach than state-level fraud prosecutions.
If you are facing a wire fraud investigation in Miami, understanding the difference between federal and state charges, and the strategies for defending against them is essential.
What Is Wire Fraud?
Wire fraud generally refers to any scheme to defraud another person of money, property, or honest services by using electronic communications. Under 18 U.S.C. §1343, this includes emails, phone calls, text messages, social media, or any use of interstate wires. Even a single email or financial transaction can give federal authorities jurisdiction.
Examples include:
- Online investment or securities fraud schemes.
- Business email compromise and phishing.
- Mortgage or insurance fraud conducted electronically.
- Honest services fraud, such as bribery or kickback schemes.
Why Wire Fraud Is Usually Federal
Unlike many crimes, wire fraud does not require a large-scale scheme. Because the internet, cell networks, and banking systems typically cross state lines, federal jurisdiction is triggered almost automatically. As a result, wire fraud is most often prosecuted in federal court.
In Miami, this means cases are handled in the U.S. District Court for the Southern District of Florida, where federal prosecutors and agencies bring significant resources to bear. State prosecutors may still pursue fraud cases, for example, theft, forgery, or state-level organized fraud under Florida Statutes §817 but once “wires” are involved, the matter usually escalates to federal jurisdiction.
Key Differences Between Federal and State Fraud Cases
Federal fraud cases differ from state charges in several critical ways. Investigations are longer and more thorough. Federal agencies often spend months or years gathering evidence through subpoenas, wiretaps, and financial record analysis before filing charges. By the time a defendant learns they are under investigation, prosecutors may already have a detailed case.
Penalties are harsher. A single count of federal wire fraud carries up to 20 years in prison, and if the fraud involves a financial institution, penalties can increase to 30 years. Fines may reach $250,000 per count. State fraud penalties, while serious, are generally less severe.
Sentencing guidelines are different. Federal sentencing is driven by the U.S. Sentencing Guidelines, which consider factors like the amount of loss, number of victims, and role in the scheme. State sentencing tends to be more flexible.
Trial procedures are stricter. Federal courts have rigorous evidentiary rules, tighter deadlines, and less room for delay tactics. Judges expect efficient case management, and prosecutors usually have substantial resources.
Building a Defense in Federal Wire Fraud Cases
The earlier a defense attorney becomes involved in a wire fraud investigation, the better. In many cases, the first sign of trouble is a subpoena, a target letter, or a “knock-and-talk” visit from federal agents. Immediate legal representation is critical to avoid self-incrimination and to begin shaping the defense strategy.
Defense approaches may include:
- Challenging whether the alleged conduct actually meets the legal definition of wire fraud.
- Arguing lack of intent to defraud, since mistakes or business disputes are not crimes.
- Attacking the credibility of government witnesses or cooperating informants.
- Filing motions to suppress evidence obtained through unlawful searches or seizures.
- Negotiating with prosecutors for reduced charges, plea deals, or cooperation agreements.
Why Experience in Federal Court Matters
Not every criminal defense lawyer is prepared to handle federal cases. Federal court practice in Miami is highly specialized, requiring knowledge of U.S. Sentencing Guidelines, federal discovery procedures, and negotiation with federal prosecutors.
Derrick George, Esq., brings more than 15 years of trial-tested defense experience, including federal district court cases and high stakes business and white-collar litigation. His team understands how federal cases are built, and more importantly, how they can be dismantled.
Conclusion
Wire fraud charges in Miami are rarely just a local matter. Because they almost always involve interstate communications, they typically fall under federal jurisdiction, where the stakes are higher and the government’s resources are greater. The difference between state and federal charges is not academic, it can mean the difference between probation and decades in prison.
If you are under investigation for wire fraud in Miami, do not wait for charges to be filed. Fast, experienced legal intervention is essential.
Contact George Law today for a confidential consultation.
FAQs: Wire Fraud Defense in Miami
Is wire fraud a federal or state crime in Florida?
Wire fraud is almost always prosecuted as a federal crime under 18 U.S.C. §1343. Because electronic communications cross state lines, federal jurisdiction is usually triggered. State prosecutors may still bring related fraud charges under Florida Statutes §817, but federal authorities typically take the lead.
What is the penalty for federal wire fraud?
Each count of federal wire fraud carries up to 20 years in prison and fines of up to $250,000. If the alleged fraud involves a financial institution, the penalty can increase to 30 years in prison and a $1 million fine.
Can I be charged in both federal and state court for fraud?
Yes. It is possible to face both state and federal charges if the conduct violates both sets of laws. However, most wire fraud cases in Miami are prosecuted federally, with state charges sometimes dismissed once federal prosecutors step in.
What does the government need to prove in a wire fraud case?
Prosecutors must show that you intentionally devised a scheme to defraud, that you used interstate electronic communications (emails, phone calls, wire transfers, etc.), and that the scheme was intended to obtain money, property, or honest services.
What are common defenses to wire fraud?
Defenses may include showing lack of intent to defraud, arguing the alleged conduct was a business dispute rather than criminal activity, challenging whether wires were actually used, or suppressing evidence obtained through unlawful searches.
What should I do if I receive a federal subpoena or target letter?
Do not ignore it, and do not attempt to handle it on your own. Receiving a subpoena or target letter means you are either a subject or target of a federal investigation. You should contact a federal defense attorney immediately to protect your rights and begin building your defense.
