Defending Against Federal Mail and Wire Fraud Charges in New York

Defending Against Federal Mail and Wire Fraud Charges in New York

Being charged with federal mail or wire fraud can be an incredibly stressful and frightening experience. These charges carry serious penalties, including hefty fines and years in prison. However, with an experienced criminal defense attorney on your side, there are often strong defenses that can be raised to fight the allegations. This article provides an overview of federal mail and wire fraud laws, potential penalties, and practical strategies for building an effective defense in New York.

Mail and Wire Fraud Laws

Mail and wire fraud charges fall under federal jurisdiction and are governed by Title 18, Section 1341 (mail fraud) and Section 1343 (wire fraud) of the United States Code. The elements that prosecutors must prove are essentially the same for both offenses:

• There was a scheme to defraud or obtain money or property under false pretenses
• The defendant knowingly participated in or devised the scheme with intent to defraud
• The scheme involved the use of interstate mail or wire communications

Mail fraud can include using the postal service or private carriers like UPS or FedEx to send anything related to a fraudulent scheme, like delivering fraudulent invoices or solicitations. Wire fraud involves using telephone, email, fax, television or internet communications across state lines.

Penalties for Conviction

The maximum penalties for mail and wire fraud are:¹

• Up to 20 years in federal prison
• Up to $250,000 in fines per count for individuals, $500,000 for organizations
• Up to 3 years supervised release
• Restitution to victims

Penalties can be harsher based on the scope of the fraud, number of victims, and dollar amount involved. Sentences for multiple counts often run consecutively.

Building an Effective Defense Strategy

While mail and wire fraud cases can seem daunting, an experienced federal criminal defense lawyer can often find weaknesses in the prosecution’s case and develop strong defense arguments. Here are some practical strategies to consider:

Contesting Criminal Intent

A key aspect the government must prove is criminal intent – that the defendant knowingly devised a scheme to defraud others and used the mail or wires to further it. Your attorney can argue you acted in good faith without intent to defraud. For example, if you had a legitimate business dispute or misunderstanding with a customer over services or payment. Or if sloppy record keeping or disorganization led to errors, but there was no intent to commit fraud.

Challenging Material Misrepresentations

Prosecutors must show the alleged scheme involved materially false statements, ones that would reasonably influence the victim’s decision. Your lawyer may argue any disputed statements were technically true or just sales “puffery” that is understood to be exaggerated claims, not outright lies. If victims got the essentials of what was promised, minor discrepancies may not rise to criminality.

Contesting Use of Mail or Wires

The government must prove use of mail or interstate wire communications was closely related to executing the fraud scheme. Your attorney can argue any mailings or wires were incidental to a legitimate business and not sufficiently linked to furthering fraud. This is especially persuasive if other means like in-person meetings or local phone calls achieved the key elements.

Attacking Weak Evidence

Evidence in fraud cases often relies heavily on testimony from cooperating accomplices or informants, which juries tend to find less credible. Documentary evidence may be inconclusive or subject to interpretation. Your lawyer will closely assess the quality and clarity of the evidence to identify weaknesses. For example, ambiguous emails or recorded calls that lend themselves to innocent explanations.

Mitigating Sentencing Factors

If charges cannot be completely defeated at trial, your attorney will also present mitigating factors to help reduce sentencing. These include minimal criminal history, family obligations, health conditions, charitable works, job skills, and any cooperation you provide authorities. Remorse and accepting responsibility also help secure lighter punishment.

Seek Experienced Legal Counsel

Facing federal fraud accusations is frightening. But an experienced white collar criminal defense lawyer can thoroughly analyze the evidence, identify defenses, and build an effective strategy to fight the charges. If you or a loved one are being investigated or charged with mail or wire fraud in New York, consult with a seasoned attorney as early in the process as possible. An aggressive early intervention can sometimes prevent charges or help secure a favorable plea bargain. With skilled legal advocacy, dire outcomes can often be avoided.

References

1. 18 U.S. Code § 1341. Frauds and swindles, Legal Information Institute, Cornell Law School. ↩