Fraudulent mail is a serious crime in New York. The consequences can vary depending on the circumstances. The penalties for mail fraud in New York can range from several months to a decade in prison, and could include penalties such as fines and restitution. State and federal prosecutors take the cases seriously. Therefore, it is important to put together a strong defense. To learn more about your rights and rights, you should contact an New York criminal defense lawyer immediately if you're detained on suspicion of mail fraud.
Fraud in the mail in New York involves a fraudulent scheme or a misrepresentation. The evidence must show a coordinated plan or an active participant. In order to be found guilty of fraud through mail the person must have access to either a bank account or real estate. There is also the possibility of having to take your bank accounts or luxury products. The items that are confiscated are generally auctioned for a portion of the value. A skilled mail fraud attorney will help reduce penalties.
Fraudulent intent in the mail has to be specific and not be just "willful" for a defendant to commit. To purposely plan to defraud a person, develop a strategy to accomplish this goal, and then use mail services to complete their fraud. Mail fraud cases typically involve someone who intentionally defrauds the company or individual of something of value. However, even if the intention is "willful", the person must be able to fool an entity or individual with some common and common sense.
If there isn't enough evidence to prove the theft or any other crime federal prosecutors often be able to accuse people of fraud in the mail or wire. Federal laws also deal with mail fraud and can be punished with penalties of up to $1,000,000. Federal laws on mail fraud apply to everyone who uses the United States postal and telephone system to transfer money or purchase items. The definition of mail fraud includes everything that crosses state boundaries.
Although criminal intent is not required to establish 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 some important facts and could have confused them to hide their trails. The accused might not have been aware of the truth, or could believe that an error was made. Criminal convictions for mail fraud can result in fines as well as federal prison sentences up to 30 years.
One of the most important questions you'll need to consider is What are the main elements of wire fraud or mail fraud and how do you tell the difference? While fraud committed through mail is that is committed by the postal service wire fraud involves the fraud using wires. The past was when "wires" were primarily phones, however today it covers all the latest technology for communication, such as the internet. If you get an email requesting sensitive information, you could be charged for this crime.
The elements of mail-fraud are similar to the elements of wire fraud. Both involve the use of interstate or electronic communications. These types of fraud can be punished with a sentence that is comparable to the criminal one: 20 years of prison time and a significant fine. A conviction for fraud committed by a financial institution is more severe.