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Defending Against Federal Mail and Wire Fraud Charges in NYC

March 21, 2024 Uncategorized

Defending Against Federal Mail and Wire Fraud Charges in NYC

Getting charged with federal mail or wire fraud can be really scary. These charges carry serious penalties like prison time and big fines. But there are ways to fight the charges with an experienced criminal defense lawyer on your side. This article will walk you through how these charges work and what defenses you can use in court.

What is Federal Mail and Wire Fraud?

Mail and wire fraud laws make it illegal to use the mail, email, phone calls, or other communications to carry out a scheme to defraud someone. For example, you could get charged for:

  • Sending false invoices in the mail to trick someone into paying you money
  • Making phone calls with fake threats to scare someone into giving you money
  • Emailing phony investment materials to get investors to give you money based on lies

There’s a long list of schemes that could lead to federal fraud charges. The key is that you knowingly participated in a plan to lie or mislead someone for financial gain or to cause harm.

Penalties for Federal Mail and Wire Fraud

These charges are felonies, which means very serious penalties if convicted:

  • Up to 20 years in prison
  • Fines up to $250,000 for individuals or $500,000 for organizations
  • Probation and restitution

The penalties can go even higher if the scheme targeted vulnerable victims like older adults or charities. Or if the fraud was over $1 million.

How Prosecutors Prove Mail and Wire Fraud

To win a conviction, federal prosecutors need to prove these key elements beyond a reasonable doubt:

  1. You knowingly participated in a scheme to defraud someone out of money or property
  2. You acted with intent to defraud
  3. You used mail, phone calls, email, or other communications to carry out the scheme
  4. The communications crossed state lines or involved interstate carriers like FedEx

The evidence will focus on the specific communications like emails, letters, phone records, and bank statements. The prosecution will use these to try to prove you made false statements as part of a bigger fraud scheme.

Common Defenses Against Mail and Wire Fraud Charges

There are a number of legal defenses a skilled lawyer can use to fight federal fraud accusations, for example:

You didn’t intend to defraud anyone

If there’s evidence you acted in good faith without intent to mislead, this could defeat the charges. For example, maybe you reasonably relied on financial records you were given or made a mistake in invoicing. Your lawyer can argue you lacked criminal intent.

The communications were truthful

If your lawyer can show the emails, phone calls, letters, etc. did not contain false statements or lies, this can fight the charges. The communications have to be materially fraudulent, not just exaggerated sales puffery.

You made no false statements

Similarly, if you did not personally make any false claims in the communications, you may not be criminally liable even if others committed fraud. Your lawyer will scrutinize the evidence to see if you actually lied or misled anyone.

The “victims” weren’t actually misled

If the supposed victims were not really fooled and acted voluntarily, there may have been no real fraud. Your lawyer can argue they were willing participants not actually tricked.

You withdrew from the scheme

If you can show you withdrew from the fraud scheme or made efforts to stop it before it caused any harm, this can help fight the charges. It’s evidence you did not intend or participate in deceiving anyone.

Violation of your rights

If there were any violations of your rights during the investigation, like illegal searches or lack of Miranda warnings, your lawyer can seek to suppress evidence and weaken the prosecution’s case.

Why You Need an Experienced Federal Fraud Lawyer

Don’t take chances with your future. These complex cases take skill to win. A top fraud defense lawyer will:

  • Thoroughly investigate the allegations and evidence
  • Look for illegal actions by investigators
  • Find weaknesses in the prosecution’s case
  • Develop defense strategies tailored to your situation
  • Negotiate with prosecutors for reduced charges or dismissal
  • Suppress evidence if your rights were violated
  • Obtain expert witnesses to rebut the prosecution’s experts
  • Aggressively defend you in court if necessary

In New York City, you need an experienced local lawyer familiar with federal prosecutors and courts. Don’t go it alone against the power of the government. Hire a tough NYC federal criminal defense lawyer to fight for you.

With an aggressive legal defense, many of these complex fraud cases can be won, charges reduced, or penalties minimized. Don’t wait to get experienced legal help on your side.

References

US Department of Justice
18 U.S. Code § 1343. Fraud by wire, radio, or television
Trump’s Business Practices Violated New York Fraud Laws, Lawsuit Contends
Manhattan U.S. Attorney Announces Wire Fraud Charges Against Frank DiPascali, Former Senior Trader At Bernard L. Madoff Investment Securities

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