Fraud, Embezzlement, Bad Checks Wire Fraud Charges - Questions

[hopeless2010]

Very simply put...

Do wire fraud charges only apply to financial institutions?

Can you be charged with wire fraud if it was allegedly done by a corporate credit card owned by a company that was NOT a financial institution?

Thank you in advance for your input.

 

[fredrikklaw]

Not a Wall Street exclusive crime!

No they don't!

Wire fraud is simply a fraudulent scheme to obtain money or property by deceptive means which uses electronic devices or the nation's phone lines for its purpose, a crime which is not exclusive to financial institutions and anyone can be charged with this crime.

fredrikklaw

 

[hopeless2010]

Thank you for your response.

To take this further...

Why is it that they charge you with 5 counts of wire fraud, then ask you to plead guilty to 1 and with that all of a sudden you're responsible for ALL monies they claim they lost versus the money they actually listed with the 1 charge?

Why does it work that way?

 

[bluemann33]

thats the federal government for you.

 

[hopeless2010]

thats the federal government for you.

That 1 count is $1500. Yes, I just said fifteen hundred dollars...why is this in federal court again? The other 4 counts are all under $1,000. But the overall "scheme" equates to $243k!

So why are all the counts so low in their $ amounts? They couldn't come up with something larger? Not that I want them to but come on! I can't wait to get my hands on this so called evidence.

Frustrated!

P.s. I allegedly committed fraud, then tell me why they allowed me unemployment? They never contested a thing!

 

[fredrikklaw]

Wire Fraud, Indeed!

Hopeless2010:

If it is an unemployment claim issue, then it will be prosecuted in state court, unless, one of your communications somehow crossed state lines. And it buggers the mind to think just how does an [alleged] unemployment claim fraud end up in the wire fraud column? Did you perhaps use a fax machine at some stage of your dealing with those benevolent, caring, and holier-than-thou pencil pushers at the E.D.D.?

And as for the charged-you-5-and- settled-on-1 inquiry; well it is plea bargain and a very common practice in the annals of criminal prosecution which as it happens will go a long way for the defendant in mitigation. But whether it would be five counts or just the one, the People, in their politically charged zeal and their official capacity as the champions of the citizens of that state, will want to show registered voters that the defendants will be made to disgorge all [alleged] ill-gotten gains from the entire fraudulent enterprise, plus restitution and civil fines and whatever else they may get the hankering to add.

Again, if this is an unemployment claim issue, it has certainly been taken out of all proportion and some major grandstanding is being done. Didn't it used to be that such overpayment issues were resolved by ordering the recipient to return all monies received and a few years' ban from receiving unemployment money?

Wish you the best in dealing with this elephant in the room.

fredrikklaw

 

[hopeless2010]

Hopeless2010:

If it is an unemployment claim issue, then it will be prosecuted in state court, unless, one of your communications somehow crossed state lines. And it buggers the mind to think just how does an [alleged] unemployment claim fraud end up in the wire fraud column? Did you perhaps use a fax machine at some stage of your dealing with those benevolent, caring, and holier-than-thou pencil pushers at the E.D.D.?

And as for the charged-you-5-and- settled-on-1 inquiry; well it is plea bargain and a very common practice in the annals of criminal prosecution which as it happens will go a long way for the defendant in mitigation. But whether it would be five counts or just the one, the People, in their politically charged zeal and their official capacity as the champions of the citizens of that state, will want to show registered voters that the defendants will be made to disgorge all [alleged] ill-gotten gains from the entire fraudulent enterprise, plus restitution and civil fines and whatever else they may get the hankering to add.

Again, if this is an unemployment claim issue, it has certainly been taken out of all proportion and some major grandstanding is being done. Didn't it used to be that such overpayment issues were resolved by ordering the recipient to return all monies received and a few years' ban from receiving unemployment money?

Wish you the best in dealing with this elephant in the room.

fredrikklaw

Perhaps you misunderstood what I was saying. I was "let go" after they claimed I did something (from 2004-2007). I know I didn't but I had no choice but to leave my job based on speculation. I immediately filed for unemployment, they contested and I fought it and won. They had no concrete evidence and it turned into my word against theirs.

Now all of a sudden this former employer is part of a big federal indictment. The feds investigated everything about me and found this.

So why is it that this employer had no real evidence, I ultimately got my unemployment after they appealed, (my unemployment $ was never considered fraud) and now all of a sudden there are federal criminal charges 4 years later...probably prompted by the prosecution or does the employer have a say in whether they want involved?

Or is it that my getting unemployment doesn't really matter or show proof that I didn't commit a crime? I kind of think it's a moot point now, but I would like to think it would raise some eye brows, right?

 

[army judge]

Unemployment has nothing to do with what you're indicted by the Feds for doing.

However, the fact that you prevailed in an unemployment proceeding, could very well be persuasive before a federal jury.

The Feds are notorious for overcharging. They'll charge you with 10 things, and hope you'll plead guilty to one. That way, they never lose.

They know you'd never be convicted of all 10 charges. They want to bully you and scare you into taking a crappy deal. I see it as ruining lives. Federal Persecutors are out of control.

If you can stand the heat, don't take the deal. Demand a jury trial. Jurors get it. Why do you think BIGSHOTS rarely deal? They know that if they don't win it all, they'll walk away with not guilty verdicts on most of the crap charges.

Besides, if you didn't do it, you didn't do it. You'd be a fool to plea to something you didn't do. Go to trial. Make the Federal Persecutor PROVE everything!

 

[hopeless2010]

Unemployment has nothing to do with what you're indicted by the Feds for doing.

However, the fact that you prevailed in an unemployment proceeding, could very well be persuasive before a federal jury.

The Feds are notorious for overcharging. They'll charge you with 10 things, and hope you'll plead guilty to one. That way, they never lose.

They know you'd never be convicted of all 10 charges. They want to bully you and scare you into taking a crappy deal. I see it as ruining lives. Federal Persecutors are out of control.

If you can stand the heat, don't take the deal. Demand a jury trial. Jurors get it. Why do you think BIGSHOTS rarely deal? They know that if they don't win it all, they'll walk away with not guilty verdicts on most of the crap charges.

Besides, if you didn't do it, you didn't do it. You'd be a fool to plea to something you didn't do. Go to trial. Make the Federal Persecutor PROVE everything!

The deal: 2yrs incarceration, 5yrs probation, and full restitution. Seriously!? Mine as well kill me with a double edge sword, stick it a couple of times while you're at it. All of that for what exactly?

Here's an example: I apparently used company funds to pay my utility bills...um, I live in a condo and my budget bill is all of $55 for electric...but they say I paid $1,300 to my own bill. Huh? What? Perhaps $1,300 is for 8,000 sq ft of commercial office space? Makes better sense, right?

Seems like the prosecution and my own federal defender aren't paying attention to the details. Boy, if I don't get the right attorney I'm really screwed.

Army Judge, do you do pro bono work?

 

[army judge]

The deal: 2yrs incarceration, 5yrs probation, and full restitution. Seriously!? Mine as well kill me with a double edge sword, stick it a couple of times while you're at it. All of that for what exactly?

Here's an example: I apparently used company funds to pay my utility bills...um, I live in a condo and my budget bill is all of $55 for electric...but they say I paid $1,300 to my own bill. Huh? What? Perhaps $1,300 is for 8,000 sq ft of commercial office space? Makes better sense, right?

Seems like the prosecution and my own federal defender aren't paying attention to the details. Boy, if I don't get the right attorney I'm really screwed.

Army Judge, do you do pro bono work?

I do, but have you considered firing your federal pretender? Most federal pretenders are not to be trusted by federal defendants. Fire yours, and you might get a private practice attorney off the list.

One thing that hurts your case, and lengthens your sentence, is the amount they allege you purloined. So far, its only an allegation. They have to prove you took anything. Up until now, these are merely scurrilous accusations.

You need to defeat their faulty premise. You've already done that with your utility example above. I'm sure you can cite and prove others. Explain that to your federal pretender.

 

[hopeless2010]

I do, but have you considered firing your federal pretender? Most federal pretenders are not to be trusted by federal defendants. Fire yours, and you might get a private practice attorney off the list.

One thing that hurts your case, and lengthens your sentence, is the amount they allege you purloined. So far, its only an allegation. They have to prove you took anything. Up until now, these are merely scurrilous accusations.

You need to defeat their faulty premise. You've already done that with your utility example above. I'm sure you can cite and prove others. Explain that to your federal pretender.

How do I go about getting someone new?

 

[army judge]

How do I go about getting someone new?

Tell your lawyer, that you don't feel your interests and rights are being protected. You feel that you are being pressured into making a deal, pleading guilty, when you're innocent.

Therefore, you're asking your attorney to withdraw and want to request the judge appoint new counsel to represent you.

 

[hopeless2010]

Tell your lawyer, that you don't feel your interests and rights are being protected. You feel that you are being pressured into making a deal, pleading guilty, when you're innocent.

Therefore, you're asking your attorney to withdraw and want to request the judge appoint new counsel to represent you.

Oh god, I have to confront him? By doing this does it stall my case?

Sorry for the multiple questions.

 

[army judge]

Oh god, I have to confront him? By doing this does it stall my case?

Sorry for the multiple questions.

You don't have to confront, just inform.

Yes. It'll delay things.