Federal Mail & Wire Fraud Defense Lawyer
This has to do with someone devising a fraudulent scheme and basically using the United States mail in order to carry out that scheme. 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 is, was going on, you participated in it and you had the intent to defraud somebody. Our federal criminal defense lawyers are providing an overview below.
When it comes to fraud in the mails, the US government will typically get involved because of the sophistication level that’s usually attendant in these types of criminal cases. These cases can be prosecuted at the state level as well, but usually what I’ve seen over the course of the last twenty-five years is that if the mails are being used, a fraudulent scheme is done, and large sums of money are somehow are on the other end of it, then I usually see the federal government getting involved with it.
In order for a Federal wire or mail or wire fraud case to be successfully defended…you are going to have to find an attorney that knows how to deal with a fact pattern that may be complicated and labor intensive. The key is to be able to break things down and identify what is really going on and simplify the situation so that the matter can be successfully defended.
Once the case is clearly defined…then the decision can be made whether to litigate or plea bargain. We have the ability to 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…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 and we will start the process of dealing with a tough Federal system. When evaluating a Mail/Wire-fraud case, Federal authorities are typically looking at whether a person used interstate commerce to commit a crime.
More and more computers and the Internet are a means to commit crimes in the United States. The Federal Government will prosecute cases where the mail is used to defraud a person or entity (like a bank) out of money as well. Our federal criminal defense law firm has successfully handled many cases were 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 is imperative that you come see us immediately…before a mistake is made that costs you money, stress and your freedom.
If you are serious about hiring a top level skilled federal criminal defense attorney, 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
1) having devised, or intending to devise any scheme or artifice to defraud,
2) for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, 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 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, it is a federal crime to commit fraud using a wire communication that travels in interstate or foreign commerce. 18 U.S.C. 1343 reads as follows
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 or imprisoned for more than 20 years, or both.
You could be facing up to twenty years in federal prison at 85% of the time should you be convicted of a wire or mail fraud case. The federal sentencing guidelines are a nation-wide guideline and when it comes to these cases there are a lot of specific things that the government is going to look at in deciding how they are going to punish somebody.
First, they’re going to look at how sophisticated the scheme was, 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’re really going to specifically look at what you did, what you knew and how much money was taken. Obviously, if you can pay the money back then you will be in a much stronger negotiating position with the government and a lot 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. Sometimes this is not so easy to prove, especially when you’re talking about the mail. So, the government will obviously use surveillance in order to prove it, they will use video and they will use 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 way of wire-tapping in order to prove a mail fraud case. They wire-tap people’s phones so they can get evidence to show that they new 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, and 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.
If the government obviously has a case against you and they’ve got the evidence, then 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 if it’s a large sum of money involved, there are special enhancements that apply and can cause your sentence to be higher. The federal sentencing guidelines have specific sentences for each crime, and then if there’s a large sum of money involved, and the mail was used, then there are enhancements that apply to make your sentence longer.
Contact a Federal Criminal Lawyer
What I have you do is come into the office, we sit down, we 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, what you’re up against and then you and I can devise a plan in order to successfully defend your federal mail fraud case. Contact us at (213) 542-0994.