Although criminal intent is not required for proof of mail fraud it's possible to avoid conviction by unwittingly participating in fraudulent schemes. A lot of people aren't aware of the facts that matter and may have confused them to cover their criminal tracks. It is possible that the defendant did not know these facts or incorrectly believed that the statement was false. A conviction for mail-fraud does not just mean criminal penalties but can land someone in federal prison for up to 30 years.
You'll need to ask yourself the following questions: What are the elements that make up mail fraud and wire fraud? How can you distinguish between the two? Although mail fraud is that is committed by the postal service wire fraud is theft using wires. Wires in the past only covered phones. Today, wires can be used to cover all forms of communication, such as the internet. If you've received an email that requests to provide sensitive information, you could be at risk of being charged with this kind of crime.
The elements of mail fraud are similar to the elements of wire fraud. Both require the use of electronic communication or interstate communications. The criminal punishment for committing such frauds is the same , which is imprisonment up to 20 years as well as a significant fine. A conviction for financial institution fraud is more severe.
In order to be eligible for a mail or wire fraud conviction, you have to make at least one of these: using the United States Postal Service, an interstate private carrier or an interstate wire transfer. These are the most well-known forms of wire fraud and mail fraud. There are a myriad of examples. If you're arrested for one of these offenses prepare to defend yourself using the most effective defense.
A defendant's attempts to gain an advantage from the false assertion will not result in a conviction for mail fraud unless it's "material," or containing important information. Jurors may not be able to identify the requirement of materiality since it is so subtle that it's nearly impossible to discern. An example of this is the economic misrepresentation, which occurs during commercial negotiations. The law does not specify the concept of materiality. It may refer to statements that aren't exact, but may be true or false based on the circumstances.
The prosecution must show that the defendant was intent to defraud the victim by making false claims, in addition to using U.S. postal mail to commit mail fraud. In accordance with the Eleventh Circuit pattern jury instruction it is necessary to prove that a statement was false if it's not authentic and the defendant was attempting to fraud. The statement must be delivered using "reckless disregard for the truth". If the statement is a half-truth or effectively conceals some factual information the statement is still significant.
One of the most crucial elements in the conviction of mail fraud is the degree of materiality. This is because the federal court requires an accused person has the intention of fraud to defraud a recipient of their assets. The evidence of materiality can be proved with direct evidence or careless indifference. It is possible to engage in mail fraud even if the scheme did not work. Fraud committed through mail can be done by any defendant, even if they are not directly associated with the scheme.