Last Updated on: 15th October 2023, 09:10 am

Westchester Mail Fraud and Wire Fraud Lawyers: Your Guide to Fighting Federal Charges

Mail fraud and wire fraud are serious federal crimes that carry harsh penalties like prison time and steep fines. If you’ve been charged with mail or wire fraud in Westchester County, New York, you need an experienced criminal defense lawyer on your side. This article will explain what constitutes mail and wire fraud, potential defenses, and how a knowledgeable Westchester fraud attorney can help you fight the charges.

What is Mail Fraud?

Mail fraud is defined in Title 18 U.S. Code § 1341 as using the U.S. Postal Service or other interstate mail carrier to carry out a scheme to defraud someone. The prosecution must prove beyond reasonable doubt that the defendant knowingly devised a scheme to obtain money or property under false pretenses and used the mail to further that scheme.Some examples of mail fraud include:

• Sending falsified documents through the mail to apply for a fraudulent loan
• Mailing fraudulent invoices to overcharge customers
• Using the mail system to deliver goods that were obtained through deception

Each fraudulent mailing is considered a separate count of mail fraud, so multiple mailings can quickly add up to decades in prison.

What is Wire Fraud?

Wire fraud is defined in Title 18 U.S. Code § 1343 and is extremely similar to mail fraud. The key difference is that wire fraud involves electronic communications like email, telephone, television, radio, or the internet to carry out a fraudulent scheme rather than the postal system.Examples of wire fraud include:

• Making fraudulent representations over the phone to obtain sensitive customer data
• Sending phishing emails impersonating a business to get victims to send money
• Broadcasting false advertisements on television to scam viewers

As with mail fraud, each communication is a separate count of wire fraud and can lead to severe penalties.

Penalties for Mail and Wire Fraud

The potential penalties for federal mail and wire fraud charges are substantial:

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

With multiple counts, prison sentences can easily exceed 20 years. The penalties increase to 30 years per count if the fraud affected a financial institution or occurred during a presidentially declared emergency.

Why are Mail and Wire Fraud Charged?

There are a few key reasons why mail and wire fraud charges are so common:

• Broad application – The federal statutes are worded broadly, giving prosecutors wide latitude to charge these offenses. Virtually any scheme involving deception can qualify if mail or wires were used.
• Easier to prove – Mail and wire fraud cases rely heavily on documentation. Physical evidence like letters, emails, phone records, etc. make these charges easier to prove than other fraud crimes.
• Higher penalties – Adding mail or wire fraud charges significantly increases potential prison time, giving prosecutors leverage in obtaining guilty pleas.
• Jurisdiction – Mail and wire communications cross state lines, creating federal jurisdiction even if the fraud occurred within a single state.

Possible Defenses Against Mail and Wire Fraud

While mail and wire fraud cases may seem daunting, possible defenses include:

• No intent – If there is no evidence you intended to defraud anyone, you may be able to defeat the charges. Honest mistakes or accidents do not constitute criminal fraud.
• No actual loss – If alleged victims did not actually suffer financial losses, the prosecution may lack evidence that fraud occurred.
• No use of mail or wires – Without proof you used mail or wire communications to further the alleged fraud, mail and wire fraud charges cannot stand.
• First Amendment – Free speech protections may apply if the alleged fraud involved truthful statements or legal advertising.
• Statute of limitations – Federal fraud charges must be brought within 5 years of the alleged crime.

Why You Need an Experienced Westchester Criminal Defense Lawyer

Facing federal fraud accusations is frightening, but a skilled lawyer can protect your rights and future. A Westchester fraud defense attorney will:

• Thoroughly investigate your case to identify weaknesses in the prosecution’s evidence and build the strongest defense.
• Challenge improper or unconstitutional investigative tactics that may have violated your rights.
• Negotiate with prosecutors to get charges reduced or dismissed through pre-trial diversion programs.
• Take your case to trial if necessary, retaining expert witnesses to rebut the prosecution’s claims.
• Present evidence and cross-examine witnesses to undermine the credibility of the prosecution’s case.
• Object to inadmissible evidence and testimony that could wrongfully influence a verdict.
• Develop sentencing alternatives to minimize penalties if convicted, such as community service.

Choosing the Right Westchester Mail and Wire Fraud Lawyer

When selecting a defense attorney for federal fraud charges, you want to look for:

• Experience – Find a lawyer with an established track record of successfully defending complex white collar and fraud cases in federal court. Ask about their training and past case results.
• Resources – Federal fraud cases often require consulting financial experts, forensic accountants, and investigators, so choose a law firm with the resources to build a complete defense.
• Reputation – Check client testimonials and attorney ratings to verify the lawyer has a strong reputation for ethics, honesty, and success. Avoid attorneys with frequent malpractice claims or discipline.

How an Attorney Can Help at Each Stage of Your Case

Here is an overview of how an experienced Westchester criminal defense lawyer can help at each phase of a federal fraud case:

Investigation

• Negotiate with investigators to avoid charges.
• Protect you from self-incrimination if questioned.
• Gather exculpatory evidence.
• Avoid seizure of assets through forfeiture.

Arrest

• Arrange for prompt release from custody.
• Advise you on complying with bail terms and bond.

Charging Decision

• Present evidence to prosecutors to prevent indictment.
• Negotiate for charges to be dropped or reduced.

Pretrial Proceedings

• File motions to suppress illegally obtained evidence.
• Petition for dismissal of unjust charges.
• Seek favorable plea bargains with lesser penalties.

Trial

• Thoroughly prepare a defense tailored to the specifics of your case.
• Cross-examine witnesses and challenge evidence.
• Raise reasonable doubt regarding your guilt.

Sentencing

• Argue for minimal or suspended penalties if convicted.
• Explore alternatives to incarceration.

Finding the Right Lawyer for You

If you or a loved one are facing mail fraud, wire fraud, or other federal charges in Westchester County, New York, don’t leave your future to chance. Contact a knowledgeable Westchester criminal defense lawyer for a free case evaluation and start crafting your strongest defense today. With an experienced attorney protecting your rights, you can overcome these challenges and move forward with your life.