United States of America v. Steevenson Persona

Dayton, Ohio, criminal defense lawyer represented the Defendant charged with wire fraud.



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Federal wire fraud law, defined by 18 U.S.C. § 1343, makes it a crime to use electronic communications across state lines to execute a scheme to defraud someone of money, property, or honest services. To secure a conviction, a prosecutor must prove the defendant engaged in a scheme to defraud, used material misrepresentations, intentionally used interstate wire communications (like the internet or phone) to further the scheme, and that interstate wire communications were in fact used. Penalties can include up to 20 years in prison and fines, or up to 30 years if the fraud involves a federal disaster or a financial institution.

Elements of wire fraud



Scheme to defraud:

The defendant must have had a plan to cheat someone out of money or property through deceit.



Intent to defraud:



The defendant must have had the specific intent to deceive and defraud, not just to make a mistake.

Use of interstate wire communications:



The scheme must involve the use of electronic communications, such as the internet, phone, radio, or television, that cross state or international lines.



Material misrepresentation or omission:



The scheme must have involved false statements or a failure to disclose important facts that could influence the victim.



Examples of wire fraud



Online schemes to steal credit card information

Promises of a large return for a smaller investment, often involving overseas bank transfers

Manipulating stock prices through fraudulent online activities

Phishing scams that use emails to steal personal and financial information



Penalties



Standard: Up to 20 years in prison and/or fines.



Enhanced: Up to 30 years in prison if the fraud is related to a federally declared disaster or affects a financial institution.



Individuals: Can be fined up to $1,000,000 for certain offenses.

Organizations: Can be fined up to $500,000.

Defendant sentenced to Time Served plus One Day on Count 1. Restitution of $20,916.49 ordered. Fine of $2000 waived. Special Assessment of $100 due immediately. Defendants rights of appeal explained and understood.