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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

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Nyc Mail Fraud Wire Fraud Criminal Lawyers

By Spodek Law Group | July 17, 2023
(Last Updated On: October 15, 2023)

Last Updated on: 15th October 2023, 01:06 pm


Nyc Mail Fraud Wire Fraud Criminal Lawyers

Mail fraud and wire fraud are two of the most commonly charged federal crimes in New York City. These charges are often tacked on to other criminal allegations to increase potential prison sentences. Convictions can result in decades behind bars and fines in the hundreds of thousands, so it’s critical to have an experienced defense attorney if you’re facing mail or wire fraud accusations. This article will provide an overview of mail and wire fraud laws, typical penalties, and possible defenses.

What is Mail Fraud?

Mail fraud falls under Title 18 U.S. Code § 1341. It involves using the U.S. Postal Service or other interstate mail carrier to execute a scheme to defraud another party.

Prosecutors must prove:

  • The defendant devised a scheme to defraud or perform fraudulent acts
  • The defendant had intent to defraud
  • The defendant used the mail to execute or attempt the scheme

This includes private carriers like UPS, FedEx, and DHL. Each separate mailing can be charged as an individual count.

What is Wire Fraud?

Wire fraud under Title 18 U.S. Code § 1343 is similar. It involves using electronic communications that cross state lines to execute a scheme to defraud. This includes:

  • Telephone
  • Fax
  • Text messages
  • Email
  • Online communications

Again, each communication can be a separate charge.

Penalties for Mail and Wire Fraud

Penalties per charge include:

  • Up to 20 years in prison
  • Fines up to $250,000 for individuals, $500,000 for organizations
  • Restitution

Harsher punishments apply if:

  • Disaster/emergency funds involved
  • Financial institution affected
  • Multiple charges

With just a few charges, you could be facing decades behind bars. These are serious felonies.

Common Defenses

Several defenses could prove your innocence:

  • No intent – Prosecutors must prove you intended to defraud the victim. Mistakes or accidents are not criminal.
  • No scheme – There must be an overall scheme, not just a one-off lie.
  • You didn’t use the mail/wires – Someone else may have, but if you didn’t directly, there may be no case.
  • No interstate nexus – Communications must cross state lines. Intrastate activities are not covered.
  • No reliance – The victim can’t have relied on any false statements.
  • No loss – There must be actual losses, not just a risk.
  • Entrapment – Undercover agents induced you to commit a crime you wouldn’t otherwise.

An experienced NY mail and wire fraud lawyer can evaluate the specifics of your case and build the best defense. Don’t wait to seek help.

Why These Charges Are So Common

Mail and wire fraud charges are popular with prosecutors because:

  • Broad statutes can apply to many scenarios
  • Each communication/mailing is a separate charge
  • Used to bolster other charges with additional counts
  • High penalties incentivize plea deals on lesser charges

It’s a powerful tool for prosecutors. Even innocent activities could potentially be charged under the broad laws. Don’t take accusations lightly.

Examples of Mail and Wire Fraud Cases

Mail or wire fraud can arise in many contexts, such as:

  • Healthcare fraud – Billing for unnecessary services or procedures that weren’t performed. Falsifying diagnoses to obtain coverage.
  • Securities fraud – Insider trading based on material nonpublic information. Manipulating share prices through false public statements.
  • Mortgage fraud – Falsifying loan applications and supporting documents to obtain larger loans.
  • Insurance fraud – Staging accidents or injuries to submit false claims.
  • Tax fraud – Using false documents to obtain larger refunds or avoid taxes.
  • Consumer fraud – Misrepresenting products/services to obtain payments. Deceptive return policies.

Any scheme to obtain money through deception could potentially lead to mail or wire fraud if communications cross state lines.

How an Attorney Can Help

If you’re being investigated for or charged with mail or wire fraud, an experienced criminal defense lawyer can provide invaluable help:

  • Evaluate the strength of the prosecution’s case and identify weaknesses
  • Attempt to get charges dismissed or reduced
  • Develop an overall negotiation strategy for plea bargaining
  • File motions contesting improper evidence gathering, unconstitutional searches, etc.
  • Present evidence and cross-examine witnesses at hearings
  • Work with investigators to uncover exonerating evidence
  • Advise you throughout on the best defense strategies
  • Negotiate with prosecutors for plea deals if in your best interest
  • Represent you vigorously in trial if necessary

Don’t go it alone against federal prosecutors. Hire a NY mail/wire fraud attorney as early as possible.

How to Find the Best Lawyer

Look for an attorney with specific experience defending federal fraud cases. Key credentials:

  • Decades of experience in federal courts
  • Strong record getting charges reduced/dismissed
  • Familiarity with complex financial crimes
  • Resources to conduct in-depth investigations
  • Excellent negotiation skills for plea deals
  • Trial experience with fraud charges
  • Knowledge of sentencing guidelines

Don’t just choose any criminal defense lawyer. Find one focused on federal fraud crimes.

Check client reviews and ask about case results. Be confident you’ve found the best legal representation before moving forward.

Take Mail and Wire Fraud Charges Seriously

Allegations of mail or wire fraud shouldn’t be taken lightly. The broad federal statutes allow charges even if your conduct seems minor. The penalties can be severe, so you need an aggressive defense. Don’t hesitate to contact an experienced NY mail and wire fraud attorney if you’re facing accusations. With an expert legal defense, you can avoid years behind bars and crushing fines. Don’t leave your future to chance.

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