Fraud in the mail in New York involves a fraudulent scheme or an omission. The evidence must show a plan that is coordinated or an active participant. If you want to be found guilty of fraud committed by mail it is necessary to have access to a bank account or real estate. You may also be asked to forfeit your bank accounts and luxury items. The items that are confiscated are generally auctioned off for a small portion of the value. A skilled mail fraud attorney can help minimize penalties.
The intent of a defendant to commit fraud via mail has to be explicit and not be mere "willful." To purposely plan to defraud a person, devise a plan to accomplish this goal, and use mail services in order to carry out their fraud scheme. Typically, cases of mail fraud involve a person who has deliberately defrauded someone or a company of something that has significance. However, even if the intention is "willful" that person must be able to fool an entity or individual with a reasonable amount common sense.
Federal prosecutors are often able to charge individuals with mail or wire fraud when there isn't any evidence to support a charge of theft, or other criminal offenses. Crimes involving mail or wire fraud are legal under federal law which can result in prison or fines that can reach $1 million. Federal laws on mail fraud apply to all who uses the United States postal and telephone system to send cash or make purchases. Any transaction that crosses state lines is considered mail fraud.
Although criminal intent is not required for proof of mail fraud it is possible to avoid conviction by unwittingly participating in fraudulent schemes. A lot of people aren't aware of important facts, and might have misinterpreted them in order to cover their actions. It's possible the person who was accused of the crime did not realize these facts , or was mistakenly convinced that the false representation was accurate. A conviction for mail fraud will not only involve criminal fines however, it can also result in federal prison for as long as 30 years.
You'll need to ask yourself the following questions: What elements make up mail fraud and wire fraud? How can you distinguish between the two? Mail fraud is a crime committed by the postal service, however wire fraud employs wires, instead of mail. Wires in the past were only used to cover telephones. In the present, wires be used to cover all forms of communication, including the internet. So, if you have received an email that requests to provide sensitive information, you're at risk of being charged with this type of crime.
Mail fraud has elements that are very similar to wire fraud. Both involve the use of electronic or interstate communications. The punishment for criminals who commit the frauds is the same : imprisonment up to 20 years as well as a significant fine. A conviction for financial institution fraud is much more serious.
For a person to be eligible for a postage or wire fraud conviction, you must make at least one of these: the use of the United States Postal Service, a private interstate carrier, or an interstate wire transmission. These methods are the most commonly used kinds of wire and mail fraud which is why there are numerous examples of each. If you're accused of any of these crimes prepare to fight back with the most effective defense.