Mail and Wire Fraud Defense Attorney
This involves someone devising a fraudulent scheme and using the United States mail to carry it out.
Obviously, in order to be convicted of a federal mail or wire fraud charge, it's going to have to be shown that you knew that whatever the alleged scheme was going on, you participated in it, and you had the intent to defraud somebody. Our federal criminal defense lawyers provide an overview below.
The US government typically gets involved in mail fraud cases because of the sophistication level usually attendant on these types of criminal cases.
These cases can be prosecuted at the state level as well, but what I've seen over the course of the last twenty-five years is that if the mail is being used, a fraudulent scheme is being conducted, and large sums of money are somehow involved, then I usually see the federal government getting involved.
For a federal wire or mail case to be successfully defended, it's crucial to have an attorney who is adept at dealing with complex and labor-intensive fact patterns. The key is to break things down, identify what is really going on, and simplify the situation so that the matter can be successfully defended. Having the right legal representation can provide you with the reassurance and support you need during this challenging time.
Once the case is clearly defined, the decision can be made whether to litigate or plea bargain. We can assist you in making the correct decision in a Federal case. If you do not make the correct decision in a federal case…from the beginning…, the consequences will be grave.
I encourage you to call us, get us the information you have (in advance of the meeting, if possible), and then meet with us face-to-face. We will start the process of dealing with a tough Federal system. When evaluating a mail fraud or wire fraud case, federal authorities typically look at whether a person used interstate commerce to commit a crime.
More and more computers and the Internet are being used to commit crimes in the United States. The Federal Government will also prosecute cases where mail is used to defraud a person or entity (like a bank) out of money. Our federal criminal defense law firm has successfully handled many cases where a person is charged with defrauding a person, bank, or other entity.
We have been involved with Federal cases in Los Angeles that involve hundreds, thousands, and even millions of dollars. Federal authorities do not usually get involved in a case unless a substantial loss is claimed. It would be best if you came to see us immediately…before a mistake is made that costs you money, stress, and your freedom.
Suppose you are serious about hiring a top-level, skilled federal criminal defense attorney. In that case, I will personally meet with you and begin the process of putting the nightmare you find yourself in…behind you. Call and ask to meet or talk to Ron Hedding (213) 542-0994.
MAIL FRAUD – 18 U.S.C. § 1341
Whoever
1) having devised or intending to devise any scheme or artifice to defraud,
or
2) for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of a loan
3) something of value or some item and
4) places in any post office or authorized depository for mail matter
5) any item to be delivered by an interstate carrier shall be fined or imprisoned for not more than 20 years or both.
WIRE FRAUD – 18 U.S.C. § 1343
The violation of wire fraud is also a commonly used criminal law used to prosecute people for committing fraud while using wire communications that travel interstate or internationally. Under Title 18, United States Code, Section 1014, committing fraud using a wire communication that travels in interstate or foreign commerce is a federal crime. 18 U.S.C. 1343 reads as follows
Whoever
1) having devised or intending to devise any scheme or artifice to defraud or
2) for obtaining money or property by means of false or fraudulent pretenses, representations, or promises
3) transmits, or causes to be transmitted, by wire, radio, or television communication in interstate or foreign commerce,
4) any writings, signs, signals, pictures, or sounds
5) for the purpose of executing the scheme or artifice, shall be imprisoned for more than 20 years, or both.
Legal Penalties
If you are convicted of wire or mail fraud, the potential penalties are severe, including up to twenty years in federal prison 85% of the time. The federal sentencing guidelines are a nationwide guideline, and when it comes to these cases, the government will consider many specific things when deciding how to punish somebody. This underscores the gravity of the situation and the need for a strong defense.
First, they're going to look at how sophisticated the scheme was and what type of criminal record the person has, and then they're going to look at any specific enhancements that apply. How much money was on the line? What were the means by which the person carried out the wire fraud scheme?
When it comes to these types of schemes, they will look specifically at what you did, what you knew, and how much money was taken. If you can pay the money back, you will be in a much stronger negotiating position with the government and much more likely to get a more lenient sentence from a federal judge.
Legal Defenses for Mail or Wire Fraud
The government knows that they have to prove that you were involved with the scheme and that you knew of the scheme's purpose to defraud other people. It's crucial to be transparent and honest with your attorney about your involvement and knowledge of the scheme. This will enable them to provide you with the best possible defense.
Sometimes, this is not so easy to prove, especially when you're talking about the mail. So, the government will obviously use surveillance, video, and anything that shows that the person was involved and that they knew of the fraudulent purpose.
Another way to get at some of these crimes is by wiretapping to prove a mail fraud case. They wiretapped people's phones so they could get evidence to show that they knew exactly what was going on.
Sometimes, the surrounding circumstances make it clear that someone knew, or reasonably should have known, that a mail fraud scheme was going on. If you're charged with the crime of mail fraud at the federal level, you should obviously get in to see a federal criminal defense attorney as soon as possible.
What I find to be most helpful in these cases is you're honest and straightforward about your involvement or even non-involvement because once your attorney has all the details related to your case, then they're going to be able to match that up with the discovery which is the paperwork and evidence that the government has to prove the mail fraud scheme. Then they can really have a serious talk with you and let you know whether they think the government has a case or they don't.
Suppose the government obviously has a case against you, and they've got the evidence. In that case, it's time for your federal criminal defense attorney to negotiate with them and attempt to work out some sort of a resolution that hopefully gives you the best chance of getting the lightest possible sentence and staying out of custody if possible.
One big thing I see in these mail fraud cases is that if a large sum of money is involved, special enhancements apply, and the sentence can be higher.
The federal sentencing guidelines have specific sentences for each crime. If a large sum of money was involved and mail was used, enhancements apply to make the sentence longer.
Contact a Federal Criminal Lawyer
I have you come into the office, sit down, and go over everything very specifically and clearly. I obviously encourage you to be honest and straightforward and give me all the information.
Don't omit anything, and don't put a spin on things; this way, I can figure out fairly quickly what you're facing and what you're up against, and then you and I can devise a plan in order to defend your federal mail fraud case successfully. Contact us at (213) 542-0994.
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