How do Georgia defense lawyers address wire fraud allegations?
Wire fraud involves the use of electronic communications to carry out a scheme to defraud, and because it is primarily a federal offense, allegations in this area often implicate federal law alongside any related state charges. The defense approach centers on the existence of a scheme to defraud and the intent behind it.
The foundation of a wire fraud allegation is a scheme to defraud. The conduct generally must involve a plan to obtain money or property through false or fraudulent representations, combined with the use of electronic communications in furtherance of that scheme. Whether a genuine scheme to defraud existed is therefore a central question.
Intent to defraud is essential. The conduct must be accompanied by an intent to deceive for the purpose of obtaining money or property, so evidence that a person acted in good faith, or without intent to defraud, addresses a core element. A genuine business dispute or honest dealing is distinct from a fraudulent scheme.
The role of communications is examined. Because the offense involves electronic communications used to advance a scheme, the content and purpose of those communications can be scrutinized, including whether they actually furthered a fraudulent plan or reflected legitimate activity.
Addressing a wire fraud allegation generally turns on whether a scheme to defraud existed and whether it was carried out with the required intent. The presence of a genuine scheme, the proof of fraudulent intent, and the role of the communications involved are the elements on which these cases are typically contested.