The intent of a defendant to commit mail fraud has to be precise and not simply "willful." To purposely plan to defraud a person, create a strategy to accomplish this goal, and use mail services to carry out their fraud scheme. Mail fraud cases typically involve someone who deliberately defrauds an individual or business of something worthless. Although the defendant's motive is "willful," the person should have been able deceive the person or organization by using some reasonable common good sense.
Federal prosecutors often charge individuals with mail or wire fraud in the absence of proof to back a claim of theft or any other offense. The crimes of mail fraud are subject to federal law and are punishable by jail or fines up to $1 million. Federal mail fraud laws apply to people who use the United States mail and telephone to make purchases or send money. Fraud in the mail can be everything that crosses state boundaries.
In the event that criminal intent is necessary to establish that an accused has committed mail fraud but knowingly participating in an illegal scheme could result in an indictment. Many people don't understand important factsand may have misinterpreted them in order to cover their footprints. The person accused of the crime might not have known the facts, or might have believed that the statement was false. A conviction for mail fraud not only involve criminal fines but could also put someone in federal prison for as long as 30 years.
You must be asking yourself these questions: What is the main ingredient that makes the wire fraud? How do you distinguish the two? While fraud committed through mail is perpetrated through the postal service wire fraud is fraud that involves wires. The past was when "wires" were primarily telephones, but now wires encompass all modern communication methods, such as the internet. That means that if you've received an email that asks for information that is sensitive, you are at risk of being charged with this type of crime.
Fraud in the mail has elements that are like wire fraud. Both involve electronic or interstate communications. The types of fraud that are committed can be punished with a sentence that is similar to the criminal sentence: 20 years of prison time and a substantial fine. A conviction for a fraud at a financial institution is more serious.
In order to be eligible for a mail or wire fraud conviction, you have to make at least one of the following: using the United States Postal Service, a private interstate carrier, or an interstate wire transfer. These are the most common kinds of wire fraud as well as mail fraud. There are a myriad of examples. If you are charged with any of these crimes prepare to fight back with a strong defense.
A defendant's attempts to gain an advantage by making a false statement will not be considered a fraud conviction as long as it is "material," or containing valuable details. Jurors might not be able to discern the materiality requirement because it is so thin that it's virtually impossible to recognize. One example of economic misrepresentation is in commercial negotiations. However it is not clear under the law exactly what constitutes a materiality. Most often, it is a reference to statements that are "inexact," but may be false or true in other situations.