Philadelphia Federal Mail and Wire Fraud Charges: Schemes and Penalties

Philadelphia Federal Mail and Wire Fraud Charges: Schemes and Penalties

Mail and wire fraud charges are no joke—they can lead to serious penalties if convicted. But what exactly constitutes mail or wire fraud? Basically, it involves any scheme to intentionally deprive someone of money or property using the mail or electronic communications.

Some common mail fraud schemes include fake lotteries or sweepstakes, work-from-home scams, and phishing emails designed to steal personal information. Wire fraud also covers things like fraudulent telemarketing calls, online auction fraud, and even email hacking to steal money.

So how do these charges work? Well, federal prosecutors have to prove two main elements: 1) there was an intentional scheme to defraud, and 2) the postal service or electronic communications were somehow used to execute that scheme. It doesn’t matter if the fraud actually succeeded or not–just the attempt itself is enough to warrant charges.

Penalties for Conviction

If convicted of mail or wire fraud, defendants can face some pretty tough penalties:

• Up to 20 years in federal prison
• Fines up to $250,000 for individuals or $500,000 for organizations
• Restitution to any victims
• Forfeiture of money or assets obtained illegally
• Supervised release after prison

So these are definitely severe white collar crimes that the feds take very seriously. The potential prison sentence along could ruin someone’s life.

Defenses and Challenges

Now winning mail or wire fraud cases is certainly possible, but also challenging for defense lawyers. Typical strategies may include:

• Arguing there was no intentional fraud or scheme to deceive (U.S. v. Starr)
• Challenging whether the postal service or electronic communications were sufficiently used to further the fraud (U.S. v. Briscoe)
• Attacking the credibility of key witnesses or informants
• Highlighting lack of direct evidence tying defendant to fraudulent acts
• Seeking to suppress evidence improperly obtained by search warrants

In some cases, pleading to a reduced charge like misprision of a felony may also be an option versus risking trial. But mail and wire fraud cases can be tough to beat overall due to broad federal statutes and diligent prosecution.

Notable Philadelphia Fraud Cases

Some notable mail and wire fraud cases out of the Philadelphia area include:

• U.S. v. David T. Shulick – CEO embezzled $16 million from charter schools, using mail and wire transfers. Got over 11 years in prison.
• U.S. v. Richard Mariano – Judge took bribes to fix traffic tickets. Did 5 years on mail/wire fraud counts.
• U.S. v. Salvatore DiGiacomo – Bookie used mail and phones for illegal sports betting, got over 3 years behind bars.

The feds don’t play around with those they catch committing fraud around Philly. Expect similar tough sentences for any type of scheme using communications or the postal service.

Avoiding Charges Yourself

So how can regular folks steer clear of mail or wire fraud accusations? Well, the key is avoiding any intentional deception, misrepresentation, or effort to illegally deprive others of money or property.

Always be truthful in any letters, emails, phone calls, or other communications. Don’t make serious promises or guarantees you can’t back up. And never try to trick or manipulate people for financial gain–not cool.

Basically, just don’t be a scam artist! Conduct business openly and ethically using mail, phones and internet. Following the golden rule here goes a long way towards staying out of legal jeopardy.

But if questioned by postal inspectors or FBI, do NOT answer anything without an experienced criminal defense lawyer present. Mailing fake anthrax or planning arson by email is also really dumb and illegal.

In closing, mail and wire fraud are broad federal charges that can lead to decades behind bars. Philly feds actively pursue fraudsters running schemes large and small. Consult a lawyer if facing any accusations, but better yet–just don’t commit fraud using mail or electronic communications!