mail fraud attorneys ny

what is honest services mail fraud

Mail fraud is a serious offence in New York. The consequences can vary depending on the circumstances. Mail fraud penalties in New York can include prison sentences of up to a month or even decades. They may also include punishments such as fines and the possibility of restitution. These cases are taken seriously by both state and federal prosecutor. Therefore, it is important to put together an aggressive defense. If you are charged with mail fraud in New York, you should immediately speak with a New York criminal defense attorney to know more about your rights.

Fraud in the mail in New York is a scheme to deceive or misrepresent. Evidence of a coordinated scheme or an active participant should be presented. In order to be convicted of mail fraud the person must have access to a bank account or real estate. You could also be required to surrender luxury items or bank accounts. The items that are confiscated are usually auctioned off at a fraction of their value. A skilled mail fraud attorney can assist in reducing penalties.

what to do if you suspect mail fraud

A motive for fraud in the mail must be specific and not be just "willful" for a defendant to commit. To purposely plan to defraud a person, create a strategy to accomplish this goal, and use mail services in order to implement their fraud plan. The majority of cases involving mail fraud are those where someone deliberately defrauds a person or company of something that is valuable. However, even if the intention is "willful", the person must be able to deceive an entity or individual with a reasonable amount common knowledge.

is mail fraud a federal crime

If there isn't enough evidence to back theft or other criminal acts federal prosecutors often accuse individuals of fraud in the mail or wire. Mail fraud crimes are also covered by federal laws and are punishable by penalties of up to $1 million. Federal mail fraud laws apply to individuals who use the United States mail and telephone to make purchases or to transfer money. Any transaction that crosses state boundaries could be considered mail-fraud.

mail fraud attorneys

Although criminal intent is required to prove fraud by mail, you can avoid a conviction simply by not knowing about fraudulent schemes. Many people are unaware of important facts and may have wrongly understood them in order to cover their trail. It is possible that the defendant was unaware of these facts or mistakenly believed that the misrepresentation was true. Criminal convictions for mail fraud can be punishable by fines as in federal prison sentences of up to 30 years.

mail fraud lawyers new york

It is important to be asking yourself these questions: What are the elements that make up mail fraud and wire fraud? How can you distinguish between the two? Mail fraud refers to the crime committed by the postal service, however wire fraud employs wires, instead of mail. In the past "wires" only included telephones. Today, it includes all modern communication methods, such as the internet. If you get an email asking for sensitive information, you may be charged for this crime.

what is the penalty for mail fraud

Fraud in the mail has elements that are like wire fraud. Both involve electronic or interstate communications. The punishment for criminals who commit these kinds of fraud is the same - imprisonment up to 20 years and a hefty fine. A conviction for financial institution fraud is more serious.