Under 18 U.S.C. § 1349, individuals involved in drug-related activities that utilize wire communications to further their operations may face severe federal charges for conspiracy to commit wire fraud. This statute criminalizes agreements to engage in schemes that use electronic communications (e.g., phone calls, emails, or encrypted messaging) to defraud others, even if the underlying crime is never completed. When applied to drug crimes, prosecutors often leverage § 1349 to target networks that coordinate trafficking, money laundering, or distribution efforts through modern technology.

How Drug Crimes Intersect with Wire Fraud Conspiracy

Wire fraud conspiracy charges in drug cases typically arise when defendants use interstate communications to facilitate illegal activities.

Examples include:

• Using encrypted messaging apps to negotiate drug deals.
• Transferring drug proceeds via electronic payment platforms.
• Creating fraudulent invoices or records to conceal trafficking operations.

Prosecutors must prove three elements under § 1349:

Agreement: Two or more people conspired to commit wire fraud.

Intent: Defendants knowingly participated in the scheme with fraudulent intent.

Use of Wire Communications: Interstate electronic communications (e.g., phone, email) were used to further the scheme.

Unlike the general conspiracy statute (18 U.S.C. § 371), § 1349 does not require proof of an overt act—merely agreeing to the scheme is sufficient for conviction.

Penalties

Penalties for conspiracy to commit wire fraud mirror those of the underlying offense:

• Up to 20 years in prison and fines up to $250,000 for individuals ($500,000 for organizations).
• Enhanced penalties if the scheme involves financial institutions or results in significant losses.
• Sentences may run consecutively with penalties for related drug charges (e.g., trafficking under 21 U.S.C. § 841).

Key Defenses

Challenging these charges requires dismantling the prosecution's case through strategies such as:

Lack of Intent: Arguing the defendant had no fraudulent purpose (e.g., unaware communications were part of a drug scheme).

No Agreement: Disputing the existence of a mutual plan to defraud.

Unlawful Surveillance: Suppressing evidence obtained through unconstitutional wiretaps or searches.

Federal prosecutors increasingly use § 1349 to dismantle drug networks by adding wire fraud conspiracy charges, which broaden investigative tools (e.g., wiretaps) and increase potential penalties. A conviction can result in decades of imprisonment and asset forfeiture, even if the underlying drug crime was unsuccessful.

If you or a loved one is under investigation for drug-related wire fraud conspiracy, contact the Sigal Law Group today for a free consultation. Our experienced attorneys are experienced in navigating overlapping federal statutes, protecting rights, and crafting defenses tailored to challenge aggressive prosecutorial tactics.