If you remember the movie Office Space, three friends loathe their dull lives as slavish office drones working every day in the most lifeless, soul-sucking work environment imaginable. In their existential angst, they decide to con the company. How? Every wired transaction that comes through the business includes fractions of pennies under the dollar. So, they develop a software program that will take these unnoticeable sub-pennies and deposit them into their bank account, hoping to become millionaires in a decade or so. In short, they planned to commit wire fraud. In this week’s blog, we’ll be discussing wire fraud and New Jersey law.
Definition
First, let’s define wire fraud. According to the dictionary, wire fraud is “financial fraud involving the use of telecommunications or information technology.” Federal law contains a much lengthier definition. But basically, if you defraud a person, company, or the government of money through telecommunication technology, you’ve committed wire fraud. Examples include:
- Hacking
- Creating a fake website to trick people into giving you money
- Creating spam emails with viruses that access bank records
- Phishing
- The classic “Nigerian prince” scam
- And many more.
Not only according to wire fraud and New Jersey law, but federal law states you can face 20-30 years in prison, and a million dollar fine!
Wire Fraud and New Jersey Law
Second, what does New Jersey law say about wire fraud? While New Jersey law mainly follows federal law, it expands on the consequences of wire fraud. Sentencing can also include:
- House arrest
- Probation
- Asset forfeiture
- Making restitution
These vary depending on the charges. The judge typically decides what to do. But as you can see, New Jersey law takes wire fraud very seriously.
Wire Fraud and You
Third, in order to be found guilty of wire fraud, several elements need to be proven. These include:
- The defendant created or joined a scheme to defraud someone of money or property.
- The defendant did so with criminal intent.
- The planned scheme included the use of wire communications.
- Wire communications were, in fact, used to defraud someone.
If these 4 elements cannot be proven, then the person cannot be convicted of wire fraud according to New Jersey law. As you can see, these elements include mens rea, premeditation, and other facets.
Mark Catanzaro: Your Defense for Wire Fraud and New Jersey Law
Finally, if you face charges for wire fraud, then you need an excellent attorney to defend you. One who knows the ins and outs of wire fraud and New Jersey law. So contact the offices of Mark Catanzaro! Let him show you why he’s the man for your case.