One of the most important questions you'll need to ask yourself is: What are the elements of wire or mail fraud and how do you know the difference? Mail fraud is the fraudulent activities that are committed using the postal service, however wire fraud uses wires, instead of mail. Wires in the past were only used to cover telephones. Nowadays, wires encompass all methods of communication like the internet. If you get an email asking you for sensitive information, you could be charged with this offense.
Mail fraud is a type of fraud that has elements that are very like wire fraud. Both involve the use of electronic or interstate communications. These types of fraud can result in a sentence that is similar to the criminal one: 20 years of prison time as well as a large fine. A conviction for a financial institution fraud is more serious.
In order to be eligible for a mail or wire fraud conviction, you have to commit at least one of these: using the United States Postal Service, a private interstate carrier, or an interstate wire transfer. These methods are the most popular kinds of wire and mail fraud which is why there are numerous instances of each. If you're charged with any of these crimes prepare to defend yourself using the most effective defense.
An attempt by a defendant to gain benefits from an untrue statement is not likely to be a mail fraud conviction unless it's "material," or containing significant details. Jurors may not be able to determine the requirement for materiality due to its thinness that it's almost impossible to identify. An example of economic misrepresentation is in commercial negotiations. However it is not clear under the law precisely what is considered to be material. It is often a matter of statements that are "inexact," but may be true or false in other situations.
The prosecution must show that the defendant had the intent to defraud the victim by giving false information and also employing U.S. postal mail to commit mail fraud. In accordance with the Eleventh Circuit pattern jury instruction the statement has to be false if it's not accurate and the defendant intends to fraud. The statement should also be made in a manner that shows "reckless disregard for the truth". It is also possible to make statements that is false or conceals information.
A key element in an indictment for mail fraud is that it is substantial. The federal court requires that the defendant has a fraud motive that entices the beneficiary of their property. It is possible to prove the materiality of the fraud by direct evidence or irresponsible indifference. Even if the scheme fails, it is possible to be convicted of mail fraud. A defendant can be convicted of fraud through mail on the basis of fraudulent claims made about a particular product or service even if they were not directly involved in.
The most important issue to be asked in a case of mail fraud is "How do I prove that mail fraud in court?" The prosecution doesn't need to establish that the defendant actually shipped the item. It only needs to prove that the defendant caused the mail fraud. Fortunately, the government does not have to prove that the defendant was aware that it was a fact that he had sent the item. In the case of example, if a defendant was to give a contract to the person he was referring to, it would be a violation of his duty to provide honest service.