Although criminal intent is required to prove fraud by mail, it's possible to avoid conviction simply by not knowing about fraud schemes. A lot of people aren't aware of important details and could have misinterpreted them in order to cover their tracks. It's possible the defendant did not know the facts or believed that the statement was false. A conviction for mail fraud not only entail fines for criminals but could also put someone in federal prison for up to 30 years.
One of the primary questions you'll need to think about is what are the components of mail or wire fraud and how do you spot the difference? Mail fraud is the fraud committed through the postal service. On the other hand, wire fraud makes use of wires instead of mail. The past was when "wires" only included telephones, but now wires encompass all modern communication methods, such as the internet. If you get an email asking for confidential information, you may be charged for this crime.
The elements of mail fraud are similar to those of wire fraud. Both involve electronic or interstate communications. These types of fraud could lead to a punishment that is similar to the criminal sentence: the maximum sentence of 20 years in prison and a substantial 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 commit at least one of these: using the United States Postal Service, a private interstate carrier, or an interstate wire transmission. These methods are the most popular kinds of wire and mail fraud that exist, and there are a myriad of instances of each. If you're accused of one of these offenses, be prepared to defend yourself by putting up strong defense.
False statements given by a defendant in order in order to gain advantage will not result in an indictment for mail fraud, except if it is significant or has valuable information. The requirement for materiality is thin and may not even be apparent to jurors. A common example is fraud in the economic field, which can be found in commercial agreements. But, the law is unclear exactly what constitutes materiality. It is often a matter of statements that are "inexact," but may be truthful or not in other circumstances.
The prosecution must establish that the defendant had the intent to defraud the victim through making false claims as well as employing U.S. postal mail to commit mail fraud. In accordance with the Eleventh Circuit pattern jury instruction that a statement is false if it's not accurate and the defendant intends to fraud. It must also be delivered with "reckless disregard for the truth". It is possible to make statements that conceals or lies half-truths.
The most important element of an indictment for mail fraud is the degree of materiality. The federal court demands that the defendant has a fraudulent intention to defraud the person who received their property. This can be established via direct evidence or reckless indifference. It is possible to commit mail fraud even if the scheme failed. Mail fraud is a crime that can be committed by any suspect, even if they're not directly associated with the scheme.