Mail fraud is a serious crime in New York that can lead to severe consequences. The penalties for mail fraud are the same as those of crimes with more exposure to the public. It is recommended to speak with an experienced attorney for the rights you have as well as available defenses. Here are some of the penalties for mail-fraud in New York. An experienced lawyer can help you get the best result that is possible.
The penalties for mail fraud in New York are very serious and differ based on particular situation. Mail fraud penalties in New York can range from months to decades of prison, and could include penalties such as fines and restitution. These cases are taken seriously by both state and federal prosecutors. So, you must prepare an effective defense. If you are charged with mail fraud in New York, you should immediately speak with a New York criminal defense attorney to find out more about your rights.
Fraud in the mail in New York involves a fraudulent scheme or an omission. It must be proven that it is a plan that is coordinated or an active participant. In order to be convicted of mail fraud it is necessary to have access to an account at a bank or real estate. You could also be required to forfeit luxury goods or bank accounts. The items confiscated are often auctioned at a fraction their value. An experienced mail fraud attorney will help reduce the consequences.
A motive for fraud in the mail must be specific and not be just "willful" to be able for a defendant to commit. The defendant must intentionally plan to defraud a person, must have a precise plan in place to accomplish this goal, and use the mail service to implement their scheme of fraud. The majority of cases involving mail fraud involve someone who intentionally defrauds the company or individual of something that is valuable. However, even if the intention is "willful", the person must be able to deceive any person or an organization using an adequate amount of common sense.
If there's not enough evidence to back theft or other criminal acts federal prosecutors often be able to accuse people of fraud in the mail or wire. Mail fraud crimes are also legal under federal law which can result in imprisonment or fines of up to $1 million. Federal laws on mail fraud are applicable to those who use the United States mail and telephone for purchases or sending money. Fraud in the mail can be any item that crosses state lines.
While criminal intent is required for proof of mail fraud it's possible to avoid conviction by not knowing that you participated in fraudulent schemes. A large number of people are not aware of the facts that matter and could have misinterpreted them to cover their trail. It's possible that the defendant was unaware of these facts or incorrectly believed that the false representation was accurate. A conviction for mail-fraud does not only involve criminal fines but also a sentence of federal prison for up to 30 years.
One of the most important questions that you will want to ask yourself is: What are the elements of wire fraud or mail fraud and how do you distinguish between the two? Although mail fraud is committed through the postal service wire fraud is fraud that is committed using wires. Wires in the past only covered telephones. Nowadays, wires be used to cover all forms of communication, including the internet. So, if you have received an email that asks for sensitive information, then you could be at risk of being accused of this kind of crime.