Last Updated on: 21st October 2023, 08:49 am

Mail Fraud Charges: Why You Need an Aggressive White Collar Crimes Attorney

Getting charged with mail fraud can be an incredibly stressful and frightening experience. As a white collar crime, mail fraud allegations can carry serious penalties and completely upend your life. Having an experienced and aggressive criminal defense attorney on your side is crucial for navigating the complex legal landscape and achieving the best possible outcome.

In this article, we’ll break down exactly what constitutes mail fraud, typical penalties you may face, and why having a knowledgeable white collar crimes lawyer is so important when facing these charges. We’ll also discuss common defenses that an attorney may use to fight the allegations against you.

What is Mail Fraud?

Mail fraud refers to any scheme to intentionally deprive another of money or property using the U.S. Postal Service or a private mail carrier. This includes a wide range of activities like:

• Identity theft
• Fake sweepstakes or lotteries
• Ponzi schemes
• Fake insurance claims
• Phony billing
• Misuse of charitable donations

Essentially, if you devised a plan to obtain money through material deception utilizing the mail system, you may face charges. It does’nt even matter if your scheme was “successful” – simply intending and taking steps towards fraudulent activity is enough.

The law on mail fraud is exceptionally broad. Even if you did not directly send something illicit yourself, being involved with coordinating or planning the activity can lead to prosecution.

Penalties for Mail Fraud Convictions

Given the breadth of the law, penalties for mail fraud charges can be severe:

• Up to 20 years in federal prison
• Fines up to $250,000 for individuals, $500,000 for organizations
• Probation
• Restitution to victims
• Forfeiture of assets obtained through the fraud

These consequences can be completely life-altering. Even if you avoid jail time, the financial penalties and criminal record can still devastate families and careers.

Why An Experienced Attorney is Crucial

With so much on the line, having an aggressive lawyer who understands the complexities of mail fraud law is critical. An attorney experienced in white collar criminal defense will know all the ins and outs prosecutors use to build their case against you. They can analyze the evidence and identify any illegal searches, seizures or interrogations that violated your rights. This can lead to evidence being thrown out entirely.

An attorney can also negotiate with prosecutors for reduced charges or punishments. Depending on the circumstances, they may be able to get charges dismissed pre-trial through motions hearings. Or if the case does go to trial, they can argue to the jury that you had no criminal intent or were entrapped. A skilled lawyer knows how to present these defenses in the most compelling light possible.

In addition to understanding the law itself, an attorney who regularly deals with mail fraud cases will also know the tendencies of local prosecutors and judges. They can use this insight to guide your defense strategy in the most advantageous way. Their experience with the federal criminal justice system helps remove some of the unknowns.

Having a knowledgeable guide through the complex criminal justice system can relieve some of the stress and fear these types of cases bring. Defendants with representation generally have better outcomes than those defending themselves.

Common Defenses Against Mail Fraud Charges

There are several defenses a white collar crimes attorney may use to fight mail fraud allegations:

You lacked criminal intent

To be found guilty, prosecutors must prove you knowingly participated in a fraudulent scheme with the intent to deceive victims. But sometimes honest mistakes or misunderstandings happen. If you made errors in good faith without meaning to mislead, you may be able to avoid conviction.

You were entrapped

If government agents pushed you into committing a crime you otherwise wouldn’t have, you may have been entrapped. For example, if an undercover agent pressured you multiple times to take part in a phony investment scheme, that aggressive persuasion could be entrapment.

Illegal search and seizure

If evidence was obtained through an illegal search of your property or person, an attorney can file a motion to suppress it. This includes evidence gained through warrantless wiretaps or coercive interrogation tactics.

You were a minor participant

If you played an extremely limited role and had little knowledge of the broader scheme, you may be able to receive reduced charges or sentencing.

Duress or coercion

If you were forced into the fraudulent scheme by threats against you or loved ones, you may be able to claim duress. This is also known as acting under coercion.

A knowledgeable attorney will analyze the specifics of your case to determine which defenses give you the best chance at acquittal or mitigated penalties.

The Importance of Legal Representation

Facing mail fraud charges can be an extremely destabilizing, stressful experience given the steep penalties involved. Having an aggressive criminal defense lawyer well-versed in mail fraud law and defense strategies can help even the playing field. They have the skills and knowledge to protect your rights, minimize penalties, and give you the strongest defense possible against allegations. Don’t go it alone against the power of the federal government – make sure you have experienced legal counsel on your side.