Mail fraud in New York involves a fraudulent scheme or misrepresentation. There must be evidence of a coordinated plan or an active participant. To be found guilty of mail fraud additionally, you need access to an account at a bank or real estate. It is also possible to forfeit your bank accounts and luxury products. The items confiscated are typically auctioned at a portion of the value. An experienced attorney for mail fraud can reduce the penalties.
The intent of a defendant to commit fraud through the mail must be specific and not merely "willful." The defendant must intentionally plan to defraud someone, come up with a specific strategy to accomplish that purpose and make use of the mail service to accomplish their scheme of fraud. Mail fraud cases typically comprise a person who has the intention of defrauding an individual or business of something valuable. Even if the defendant's intention is "willful" and he/she must be able to fool the person or organization with some common and common sense.
If there's not enough evidence to support theft or other criminal acts, federal prosecutors will often be able to accuse people of fraud by wire or mail. Federal laws also protect fraud with mail that 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 send money or to make purchases. Anything that crosses state lines could be considered mail-fraud.
Criminal intent is required to establish that an accused has committed mail fraud the unintentional participation in an illegal scheme could result in the conviction. Many people are unaware of crucial facts and may have misinterpreted them to cover up their trails. It's possible that person who was accused of the crime did not realize these facts , or was mistakenly convinced that the misrepresentation was true. A conviction for mail-fraud does not just entail criminal fines but can land someone in federal prison for up to 30 years.
You must think about the following questions: What elements make up mail fraud and wire fraud? How do you distinguish between the two? Fraud in the mail is a fraudulent activities that are committed using the postal service, however wire fraud employs wires instead of mail. In the past "wires" were primarily phones, however today wires encompass all modern communication methods, such as the internet. If you receive an email asking you for sensitive information, you could be charged with this crime.
The elements of mail-fraud are the same as those in wire fraud. Both require electronic communication or interstate communications. These types of fraud could lead to a punishment that is comparable to the criminal one, which is 20 years of prison time and a significant fine. A conviction for fraud committed by a financial institution is more severe.
You must have been guilty of at least one of these crimes in order to be able to get a conviction in mail or wire fraud: recourse to the United States Postal Service or an interstate private carrier or wire transmissions that are interstate. These are the most commonly used kinds of wire and mail fraud as there are many instances of each. Be prepared to defend yourself in the event that you are accused of any of these offenses.