You'll need to think about the following questions: What are the elements that make mail fraud and wire fraud? And how can you distinguish between the two? Fraud in the mail is a fraud that is committed using the postal service, but wire fraud makes use of wires instead of mail. The past was when "wires" were primarily telephones, but today wires encompass all modern technology for communication, such as the internet. If you receive an email asking you for sensitive information, you could be charged with this crime.
The elements of mail fraud are very similar to wire fraud. Both require interstate communication or electronic communications. The criminal punishment for committing these types of fraud is the same - sentence of up to 20-years in prison and a large fine. A conviction for fraud committed by a financial institution is much more serious.
You must have committed at minimum one of these offenses to be able to get a conviction in mail or wire fraud: recourse to the United States Postal Service or an interstate private carrier or interstate wire transmission. These are the most common types of wire and mail fraud. There are a myriad of examples. Prepare to defend yourself in the event that you're accused of any of these crimes.
A false claim that a defendant makes in order to gain an advantage won't result in an arrest for mail fraud except if it is significant or has valuable information. The materiality requirement is thin, and it may not be discernible to jurors. A common example of misrepresentation of the economy can be seen in commercial negotiations. But it is a bit unclear what exactly constitutes "materiality. Most often, it is a reference to assertions that may be "inexact," but may be false or true in other situations.
Additionally, when using the U.S. mail to commit mail fraud, the prosecutor must prove that the defendant was intent to defraud a victim with false statements. According to the Eleventh Circuit pattern jury instruction the statement has to be false if it is not truthful and the defendant had a motive to defraud. Moreover, the statement must be "made in a reckless disregard for the truth." It is also possible to create a statement that hides or conceals half-truths.
The materiality of the transaction is an essential element for a conviction in mail fraud. The federal court will require that the defendant has a fraudulent intention to defraud the victim of their assets. Materiality can be proven through direct evidence or through reckless indifference. Even if the plan failed in the end, it's still possible to be guilty of mailfraud. Fraud committed through mail can be done by any person, even if they are not directly involved in the scheme.
The most important thing to be asked in a mail fraud case is "How can fraud involving mail be proved in court?" The prosecution does not need to establish that the defendant actually shipped the item. It only needs to prove that the defendant caused it. The government is not required to establish that the defendant knew he was sending the item. If, for instance, the defendant gave a contract to someone else, it's an infraction of his obligation to offer honest services.