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If you have been accused of wire fraud, you have a number of potential defenses to raise.
Lack of Intent
You must have intentionally created or become involved in a scheme to defraud someone. You also must have intentionally used electronic communications in furtherance of that goal. A prosecutor must prove that you acted for the purposes of furthering your scheme.
No Fraud Occurred
You also must have committed fraud, which means you must have made material misstatements or omissions. If there was no scheme to defraud or if you didn’t make any efforts to advance such a scheme, you shouldn’t be convicted of wire fraud.
No International or Interstate Communications
Wire fraud requires international or interstate communications using electronic means. If there were no communications across state lines and no international communications, then the prosecutor cannot prove this necessary element of the offense.
Insufficient Proof
Finally, it’s vital to remember you don’t have to prove your innocence. The burden is on the prosecutor to prove that you are guilty beyond a reasonable doubt in order to secure a conviction. If there is not sufficient evidence that you violated the law against wire fraud, then you should be acquitted.
You may be able to keep evidence from being used to prove guilt if it was obtained in an unlawful search or if it was obtained after your Miranda rights were violated. If you can get evidence suppressed, then you can make it harder for the prosecutor to prove your guilt.