Attorney Allain Marain

Wire Fraud

Wire Fraud Lawyers

The specific statute that deals with wire fraud is 18 U.S.C. §1343. That statute provides:

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

Examination of this statute reveals some interesting points:

  • Although this is referred to as a “wire fraud” statute, it encompasses, as well, frauds commited by use of radio and television;
  • 18 U.S.C. §1343 does not require transmission of any communication at all. The mere promise that a fraudulent communication will occur is sufficient to constitute violation of this statute;
  • If a person in good faith uses wire, radio, or television to promote an enterprise that, in fact, is worthless, that person is not guilty of wire fraud. Good faith is a recognized defense to this charge. However if, having begun such promotion, the person continues it after coming to realize its worthlessness, that continuation does violate 18 U.S.C. §1343.

Allan Marain and Norman Epting, Jr. are New Jersey criminal defense lawyers. Their combined experience exceeds sixty-five years. For that entire time, the focus of their practice has been criminal defense.

If you have been charged, or may be charged with wire fraud in New Jersey, you urgently need to speak to an experienced crimial defense lawyer. The New Jersey Supreme Court's Board on Attorney Certification has recognized Ed as a Certified Criminal Trial Attorney. The qualifications of both Mr. Marain and Mr. Byrne are presented on other pages on this site. They are available to meet with you in a confidential no-charge no obligation conference. They would welcome your call.

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Mr. Marain, you were fantastic in handling my case. Thank you for being so thorough and keeping me informed in every step of the process. I will definitely come to you again if I need any legal assistance in the future. C.R.
Mr. Marain got right to work on my case. And didn't stop until it was taken care of. A very nice man and a professional. I am happy I got hooked up with him. T.S.C.
Mr. Marain is an excellent attorney. He represented me very well. I had an excellent attorney on my side. I would recommend Mr. Marain without any reservations. F.M.M.
I would strongly recommend Mr. Marain. His follow-ups that explained the progress and status of the case were very helpful and informative. It was a pleasure using your services. S.P.H.