One of the primary questions you'll want to think about is: What are the elements of wire fraud or mail fraud and how can you spot the difference? While fraud committed through mail is perpetrated through the postal service wire fraud involves the fraud using wires. Wires in the past only covered phones. These days, wires include all communication methods like the internet. If you receive an email requesting confidential information, you may be charged with this crime.
The elements of mail-fraud are the same as those in wire fraud. Both require the use of interstate communication or electronic communications. The penalty for committing these kinds of fraud is the same : the possibility of imprisonment for up to 20 years and a substantial fine. A conviction for financial institution fraud is more serious.
In order to be eligible for a mail or wire fraud conviction, you have to do at minimum one of these: using the United States Postal Service, a private interstate carrier, or an interstate wire transfer. These methods are the most common types of mail and wire fraud which is why there are numerous examples of each. If you're charged with one of these offenses prepare to fight back with a strong defense.
A false statement given by a defendant in order in order to gain an advantage is not grounds for an arrest for mail fraud except if it is significant or contains important information. Jurors may not be able to recognize the necessity requirement due to its thinness that it's almost impossible to recognize. A prime example of misrepresentation in economics is in commercial agreements. The law does not define the concept of materiality. It can refer to statements that aren't exact, however they could be true or false depending on the circumstances.
In addition to using the U.S. mail to commit mail fraud, the prosecutor must show that the defendant had the intent to defraud the victim by making false statements. The Eleventh Circuit pattern jury instruction outlines that the statement must be false in the event that the defendant "had a reason to believe" it was not an accurate statement and was intended to defraud the victim. The statement should also be made in a manner that shows "reckless disregard for the truth". If the statement is a lie or conceals the truth of a matter, it can still be significant.
A crucial element in the conviction of mail fraud is that it is substantial. The federal court will require that the defendant has a fraudulent intent of defrauding the beneficiary of their property. Direct evidenceor indifference can prove materiality. It is also possible to commit mail fraud even if the scheme didn't work. Mail fraud is a crime that can be committed by any person, even if they are not directly associated with the scheme.
The most important issue to consider in a mail-fraud case is "How is mail fraud proven in court?" The prosecution is not required to prove that the defendant actually delivered the item. It only needs to prove that he caused the mail fraud. The government isn't required to prove that the defendant was aware that they were sending the item. In the case of example, if a defendant offered a contract a friend it would be an infraction of his obligation to render honest services.