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Posted by Karren Kenney | Mar 02, 2016 | 0 Comments
Frequently used wire fraud defenses
As with any legal issue, the defense against the charges will not be a one-size-fits-all solution. The right defense needs to be assembled to fit individual situation and all possible defenses need to be explored.
Was there real intent?
Any plan to defraud centers on the intent of the accused. A person who acts in good faith cannot be convicted of fraud without the intent to defraud the victim. For example, a person can prove that he/she acted within the state law requirements, had no motive financially, gathered legal advice from a lawyer before any action was taken or attempted to make restitution to the victim once a loss was known.
Any of those could be used in a defense as long as it can be proved. When records of these actions are present, it makes the chances of a successful defense much better.
Embellishment or puffery
Everyone watches the outlandish claims on television and understands that the sales pitch being made comes from the motivation to sell the product. The average viewer knows what's reasonable and what is merely a show-business claim for attention. This is known as “puffery” or “puffing” and it can actually be used as a defense in a wire fraud case.
A salesman who embellishes a message with hyperbole such as “this is the greatest hat ever made,” is not likely committing wire fraud. The average person listening to the message would not rely solely on that glowing statement to make a purchase.
Fraud takes place when a materially false claim is made. The quality of a diamond or gold piece, the fuel economy of a car's motor or the ingredients of a vitamin could all be proven false if an inaccurate claim is made with the intent to defraud a potential customer.
Making accurate product information readily available always helps with a potential wire fraud charge.
Find a lawyer when a wire fraud charge arises
Clearly, any fraud charge is something that needs to be dealt with quickly and with the assistance of a qualified and experienced defense attorney. Even if you are not the person being charged in a particular situation, and you're only being questioned by an investigator, it is still a good idea to talk to a defense attorney.
Never make a statement to an investigator without speaking to an attorney first. A defense lawyer can guide you through the process and protect what matters to you throughout the ordeal.
Being a party to a wire fraud case is more common than most truly understand. It's frightening, but help is not far away. Contact Karen Kenney and bring in the assistance of trusted professional in Orange County California. Call (855) 505-5588 or contact us online for a free consultation.
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