Facing allegations of wire fraud in Omaha can be a confusing and frustrating experience. While there are no statutes under state law that explicitly refers to wire fraud, the criminal code does cover related activities such as identity theft or criminal impersonation. If a person faces allegations of using a computer or telephone to commit these crimes, he or she may be arrested for wire fraud.
However, wire fraud is specifically outlawed under federal laws, which prohibit any person from using an interstate telecommunications system for illegal financial purposes. It is possible to face both state and federal charges for the same act.
An Omaha wire fraud lawyer from Berry Law will present defenses in court against these allegations on your behalf. Whether the charges are in state court, federal court, or both, an experienced white collar crimes attorney from our team will work diligently to protect your rights.
Wire Fraud Activities and State Law
A person would never face accusations of “wire fraud” in an Omaha state court because there is no state statute that specifically prohibits this behavior. However, the criminal code does address a variety of activities that commonly fall under the wire fraud umbrella.
One example is identity fraud under Nebraska Revised Statutes §28-640. This law makes it a Class 1 misdemeanor for any person to willfully obtain, use, or sell a personally identifying document for the purpose of deception. If this activity takes place over the telephone or online, it can be classified and charged as wire fraud.
Identity theft may also constitute wire fraud. Neb. Rev. Stat. §28-639 prohibits people from obtaining another party’s personal identifying information with the intent to inflict economic damage to any entity. As a version of theft, the penalties for a wire fraud conviction vary depending on the value of the items at issue. If this activity takes place online, it may be considered an example of wire fraud. An Omaha attorney can defend you against allegations of wire fraud.
Unlike state law, wire fraud is explicitly prohibited under the United States Criminal Code. In many aspects, these charges are similar to those filed under state law. A person who uses a telecommunications system to commit fraud, such as identity theft, may be in violation of federal law.
18 United States Code §1343 says that it is a federal offense for any person to use a wire, radio, or telephone system to defraud another party. Modern legal decisions have extended this concept to cover communications over the internet.
The available penalties under this statute are extremely harsh. A conviction can require a defendant to pay a substantial fine and authorizes a prison sentence of up to 20 years. However, prosecutors also need to prove that a defendant intended to deceive or misdirect another party. An Omaha wire fraud attorney could help to mount an effective defense against federal charges related to wire fraud.
Reach out to an Omaha Wire Fraud Attorney Today
If you are facing allegations wire fraud in Omaha, it is understandable if you are unsure about what to do next. It is important to act quickly to protect yourself. An Omaha wire fraud lawyer can craft a defense strategy for your case. Contact Berry Law today to schedule a confidential consultation with a professional.