Brooklyn Mail Fraud Lawyer
There are many different types of frauds that one can be prosecuted for. It is important for you to have an understanding of what the law says in all matters. Ignorance of the law cannot be used as a defense in court. In the event that you are indicted for mail fraud, you will need to hire a criminal defense lawyer specialized in handling mail fraud related cases.
What is mail fraud?
In the U.S. mail fraud is defined as any fraudulent scheme that is intended to deprive another of honest services or property via mail communication. Mail fraud has been a federal crime in the U.S. since the year 1872. The term “mail fraud” has also been used to refer to a multitude of financial nature that involve the defendant making false statements or misrepresentations for the purposes of defrauding another.
The mail fraud and wire fraud statutes have assigned the jurisdiction over the hearing of mail and wire fraud related cases to the federal courts. Therefore, anyone arrested for using interstate wire, mail, television or radio communications to defraud another can be charged in a federal court for a felony charge.
What must the prosecution prove for a mail fraud charge to hold in a federal court?
For you to be convicted of mail fraud, the prosecutor must prove that:
i. You purposefully created a plan to defraud an institution or an individual.
ii. You mailed something through USPS or a private carrier with the aim of executing a fraudulent scheme.
iii. You had an intention to commit a fraud.
Possible punishment for mail fraud
i. Fines and Prison Time
• If the fraud was targeted at individuals, the accused person can be sentenced to serve up to five years in prison or/and pay a fine not exceeding $250,000.
• If the mail fraud was targeted at a financial institution, the accused person can be sentenced to serve up to 30 years in prison or/and pay a fine of up to $1,000,000.
A mail fraud conviction can result in probation term where the federal court orders that the convict spends one to three years abiding by specific terms set by the court in lieu of serving jail time. All of these conditions effectively limit the civil liberties of the probationer for the period of the probation. Examples of these conditions include reporting to a probation officer, submitting to random drug tests or random home searches, not associating with any known criminals and not engaging in other criminal activities. If the probationer fails to abide by the condition, then the federal court might decide to sentence the probationer to serve jail term.
In cases where the court finds that the mail fraud scheme succeeded in defrauding someone or caused harm to a victim or victims, the judge may order that restitution payments be made to the victim. Restitution payments are made in addition to any fines that the court order the accused person to pay. For probationers, if any restitution is to be paid to the victims, the court will make this as a condition of the sentence it metes out.
Having seen just how serious the law treats this crime, it is very important for you to know how to defend yourself in the event that you are accused of committing this serious felony.
Speak to an experienced mail fraud lawyer
If you are facing a mail fraud charge, there is need to seek out the help of an experienced criminal defense lawyer. At NYC Criminal Lawyers, we have a team of dedicated mail fraud lawyers who are ready to handle your case and ensure that your rights are protected. Contact us for a free consultation.
Mar 31, 2020
May 17, 2018
Spodek Law is a great firm. They are super pragmatic