Bronx Mail Fraud Lawyer
A common federal charge is mail fraud. There are several ways that you can commit mail fraud, some that are easier than others and some that are easier to track than others by the federal government and the United States Postal Service. A component of mail fraud includes the fraudulent aspect. One aspect of fraud is that it involves trying to get money or some kind of property while using false pretenses. Another component of fraud is that you would sell, exchange, or distribute in another manner the items that you obtained. In order to be charged with mail fraud, you would need to mail something to another person or a business that is connected to the fraudulent act. Part of the laws governing this charge also include receipts and contracts that detail the activity that has taken place. Aside from the postal service, you can be charged with mail fraud by sending items and information through another carrier.
The federal government is often limited to interacting with charges that involve multiple states. However, if the activity is severe enough, then the federal government could step in and assist the postal department in the state where you live. If you are charged and convicted of the crime of mail fraud, then you could have to pay a large fine and could spend up to 20 years in prison. If the fraudulent act involves any kind of government assistance or any kind of declaration that has been made by the federal government pertaining to an emergency situation, then your charges could be more severe. You could also spend a longer time in prison. Fines could be as high as $1 million.
One type of mail fraud that you could be charged with involves employment opportunities. You could be charged if you conduct scams that involve offering fake jobs as well as jobs that involve working from home. Pyramid schemes and mystery shopper scams are the most common types of employment fraud that you could be charged with, but there are several others that the prosecution could charge you with depending on the details that are involved.
A common type of mail fraud involves the elderly community. It’s often easy to commit this kind of fraud because those who are older often don’t know about the latest technological advances and often don’t keep up with all of the latest scams that are taking place. Sometimes, they don’t pay attention to the information that they receive in the mail. This makes it easier to commit mail fraud against people who don’t know any better. An example would be if someone were to get an envelope from her mailbox and see that it looks like it’s from the Social Security Administration. When the woman calls about the information and gives bank account details, then this would be considered mail fraud because the information was sent through the mail in order to get money.
There are a few other types of mail fraud that you can be charged with include prison pen pals, health and medical products that are fraudulent, and trying to get a fee from someone in order to be removed from a mailing list or a phone list. Inspectors with the USPS will try to intercept information that looks as though it’s fraudulent, but there are many times when workers simply can’t track down every single detail. Officers and postal workers will sometimes monitor your mail if someone suspects that you are committing a crime. Once enough evidence is gathered to charge you with a crime, then you will usually be arrested and taken to jail. It is at this time that you should contact an attorney who can examine the details about the mail fraud charges to determine if you had any part of the activity taking place.
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Mail fraud in New York is a federal criminal offense that can result in you spending many years behind bars. Mail fraud is defined as an individual using the United States Post Office to commit fraud against another individual. This type of fraud is quite common. In fact, it is one of the most perpetrated non-violent white collar crimes. If you get charged with mail fraud, you need to contact an attorney as soon as you can. This is very serious offense, and under federal laws, you will serve 80 percent of your time if convicted.
Mail Fraud under Title 18, United States Code Section 1341 states that it is illegal for anyone to use the USPS, Fed Ex, UPS or any other type of mail carrier to carry out fraud against someone else. If you are convicted, you can receive up to 20 years in prison. One of the biggest misconceptions about mail fraud is that the fraud specifically involves the mail itself. The reality is — you must only use the mail as a means to commit the fraud. There are times when people can inadvertently commit mail fraud. If you send out something you don’t know is illegal or you did not intentionally defraud someone, you may catch a break. Either way, you must contact a mail fraud lawyer as soon as you can to help you get it sorted out.
What people need to know about mail fraud is you don’t have to be only defrauding a person. It can be a business, the government or financial institution. Intent is the key. There are many ways that the government can prove that you intended to launch a scheme and commit fraud. In this case, you will need a strong defense to handle your case.
Under the mail fraud act, there are three elements:
- There is an established scheme in place to defraud another person or business.
- There must be established intent to commit the fraud.
- The individual used one of the mail services ie USPS, Fed Ex or UPS to commit the fraud.
Under these statutes, the federal government will come down on you like a ton of bricks. The USPS Postal Inspector will investigate all crimes that are deemed mail fraud. And even if you used wire services or Internet, you can still be charged with mail fraud. And even if you are charged with other crimes such as insurance fraud, tax fraud, securities fraud or even credit card fraud, you may be charged with mail fraud if the prosecutor feels that it is warranted. If you receive notification that you are being charged with mail fraud, get representation as soon as you can. Find a highly-experienced attorney that can help you win this fight.
Mail fraud statutes can be very broad and you can ultimately face a number of charges. The penalties for mail fraud can be very serious. Not only can you face up to 20 years in prison, you may get fined up to $250,000 and forced to pay restitution. If you defraud a financial institution like a bank, you may the penalties will be significantly higher. What people need to know is that the mail fraud statutes are the most violated under federal law. It is also the one white collar crime that is prosecuted with great voracity in the state of New York.
If you live in the Bronx and are notified that you will be prosecuted for mail fraud, find an experienced attorney now. The will offer the best representation possible. Consultations are free.