United States of America v. Prit Patel

Tulsa, Oklahoma, criminal defense lawyer represented the Defendant charged with:



Conspiracy to Commit Wire Fraud



* * *



8 U.S.C. § 1349, titled "Attempt and Conspiracy," makes it a federal crime to attempt or conspire to commit any offense under Chapter 63 of Title 18 of the U.S. Code, which includes wire fraud. This means that even if a wire fraud scheme is not fully successful, individuals involved in attempting or conspiring to commit it can still face prosecution and penalties.



Key elements of a conspiracy to commit wire fraud under 18 U.S.C. § 1349:



Agreement:

.



There must be an agreement between two or more people to commit wire fraud.

Intent:

.

The individuals must have the intent to defraud and to use wire communications in furtherance of that scheme.

Overt Act:

.

At least one overt act in furtherance of the conspiracy must be committed by one of the conspirators.



Key aspects of 18 U.S.C. § 1349:



Punishment:

.



The penalties for conspiracy to commit wire fraud are the same as those for the completed offense of wire fraud.

Attempt:

.

This statute also covers attempts to commit wire fraud. An attempt requires a substantial step towards committing the offense, with the intent to commit it.

Liability:

.

Conspirators can be held liable for the actions of their co-conspirators, even if they did not personally perform those actions, as long as they were in furtherance of the conspiracy and foreseeable.

Defenses:

.

Possible defenses to conspiracy charges can include lack of knowledge of the scheme, withdrawal from the conspiracy before the overt act, or lack of intent to defraud.



Examples of situations covered by this statute:



A group of individuals agreeing to defraud a bank through online transactions, even if their attempts are unsuccessful.



A person participating in a scheme where they send fraudulent emails to induce victims to send money, even if the victim doesn't ultimately send the money.

A person who provides assistance, like a phone number or email address, to facilitate a wire fraud scheme, even if they are not the main perpetrator.



In essence, 18 U.S.C. § 1349 makes it a federal crime to conspire or attempt to commit wire fraud, even if the scheme is not ultimately successful, and it carries the same penalties as the completed crime







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The Defendant was found guilty and was sentenced to 24 months in prison followed by 3 years of supervised release, and assessed $100.00.